Brister v. State, 92-865
| Decision Date | 03 August 1993 |
| Docket Number | No. 92-865,92-865 |
| Citation | 622 So.2d 552 |
| Court | Florida District Court of Appeals |
| Parties | 18 Fla. L. Week. D1714 Roosevelt BRISTER, a/k/a James Brooker, Appellant, v. The STATE of Florida, Appellee. |
Roosevelt Brister, a/k/a James Brooker, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before BARKDULL, NESBITT and BASKIN, JJ.
Defendant has standing to challenge his sentence because the date on which his offense was committed falls between October 1, 1989 and May 2, 1991, the time established in State v. Johnson, 616 So.2d 1 (Fla.1993) where the habitual violent felony offender statute, as amended, was determined to be unconstitutional as violative of the single subject rule.
In the instant case, the transcript is clear that defendant agreed to his plea fully aware that he was being sentenced as an habitual violent felony offender. It is true that a criminal defendant cannot by virtue of a plea bargain confer upon a court the authority to impose an illegal sentence. Larson v. State, 572 So.2d 1368, 1370 (Fla.1991). At the same time, when an amendment to a statute is declared unconstitutional, the statute as it existed prior to amendment remains effective. Miffin v. State, 615 So.2d 745 (Fla. 2d DCA 1993). Here, the state proffered to the court that the defendant had nine prior felonies. Thus, defendant met the criteria for habitual offender status under the pre-amended version of the statute, Brown v. State, 609 So.2d 730 (Fla. 1st DCA 1992), review denied, 618 So.2d 1369 (Fla.1993) and the agreement was a valid plea negotiated by the defendant with full knowledge that he was being sentenced as an habitual offender as a part of his bargain struck with the state. Basilisco v. State, 593 So.2d 588 (Fla. 1st DCA 1992).
Accordingly, the order under review is affirmed.
To continue reading
Request your trial
-
B.H. v. State
...5 State ex rel. Boyd v. Green, 355 So.2d 789 (Fla.1978); Henderson v. Antonacci, 62 So.2d 5 (Fla.1952); Brister v. State, 622 So.2d 552 (Fla. 3d DCA 1993); Rankin v. State, 620 So.2d 1028 (Fla. 2d DCA 1993); Miffin v. State, 615 So.2d 745 (Fla. 2d DCA 1993). As courts in other states have n......
-
Carson v. State, Case No. 1D09-5698 (Fla. App. 4/26/2010)
...795 So. 2d 1012, 1013 (Fla. 2d DCA 2001) (same); Gifford v. State, 744 So. 2d 1046, 1048 (Fla. 4th DCA 1999) (same); Brister v. State, 622 So. 2d 552, 553 (Fla. 3d DCA 1993) In this case, it is unclear from the record whether Appellant's sentence is illegal. I, therefore, would reverse the ......
-
Harvey v. State, 93-1676
...A. Butterworth, Atty. Gen., for appellee. Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ. PER CURIAM. Affirmed. Brister v. State, 622 So.2d 552 (Fla. 3d DCA 1993). ...
-
Brooker v. State, 96-3169
...including the mandatory minimum sentences associated therewith. See § 775.084(4)(b), Fla. Stat. (Supp.1988); Brister v. State, 622 So.2d 552, 553 (Fla. 3d DCA 1993). That being so, the mandatory minimum sentences were within the legal authority of the court to impose. The order denying moti......