Brooks v. State, 80768

CourtUnited States State Supreme Court of Florida
Citation630 So.2d 527
Docket NumberNo. 80768,80768
Parties18 Fla. L. Weekly S573 Clarence BROOKS, Petitioner, v. STATE of Florida, Respondent.
Decision Date28 October 1993

Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals and Laura Rush, Asst. Atty. Gen., Tallahassee, for respondent.

SHAW, Justice.

We have for review Brooks v. State, 605 So.2d 874 (Fla. 1st DCA 1992), in which the district court certified the following question:


We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const. We answer in the negative and quash Brooks.

Upon returning to the parking lot of a local store, Barbara Rahilly found defendant Brooks inside her van. After a confrontation, Brooks exited Rahilly's van and entered another van. While pulling away, Brooks demanded Rahilly's purse, which she refused to surrender. Brooks fled the parking lot, and was subsequently arrested and convicted of attempted grand theft and attempted robbery. The court imposed consecutive ten year sentences pursuant to the habitual violent felony offender statute, section 775.084(4)(b), Florida Statutes (1989). The district court affirmed, but certified the present question. 1

We have since addressed this issue in Hale v. State, 630 So.2d 521 (Fla.1993), wherein we quashed the district court decision affirming imposition of two consecutive habitual violent felony offender sentences for crimes arising from a single criminal episode. We noted that the habitual offender statute constitutes an enhancement statute and that because the original statutory provisions governing the crimes of which Hale was convicted contain no provision authorizing the imposed punishment his sentences cannot be served consecutively, under the reasoning of Daniels v. State, 595 So.2d 952 (Fla.1992).

Accordingly, we answer the certified question in the negative, quash the decision of the district court, and remand with instructions that Brooks' enhanced sentences be imposed to run concurrently.

It is so ordered.


1 We decline to address the other issue raised by Brooks.

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41 cases
  • Macias v. State, 94-1626
    • United States
    • Court of Appeal of Florida (US)
    • 15 d3 Maio d3 1996
    ...provision, the total penalty cannot be further increased by ordering the sentences to run consecutively. See also Brooks v. State, 630 So.2d 527 (Fla.1993). The trial court specifically found that the escape was a separate and independent offense. Although a consecutive sentence on the esca......
  • Mitchell v. State, 95-02169
    • United States
    • Court of Appeal of Florida (US)
    • 11 d5 Julho d5 1997
    ...insufficient to establish deadly weapon). Likewise, in Brooks v. State, 605 So.2d 874 (Fla. 1st DCA 1992), quashed on other grounds, 630 So.2d 527 (Fla.1993), the First District held that a starter pistol could not be a deadly weapon, as used in a robbery, because the state failed to "prove......
  • Smith v. State, 93-2051
    • United States
    • Court of Appeal of Florida (US)
    • 14 d1 Novembro d1 1994
    ...controlling precedent. E.g., Brooks v. State, 605 So.2d 874 (Fla. 1st DCA 1992) (starter pistol not a weapon), quashed on other grounds, 630 So.2d 527 (Fla.1993); Heston v. State, 484 So.2d 84 (Fla. 2d DCA 1986) (crossbow not a deadly weapon without arrows); M.R.R. v. State, 411 So.2d 983 (......
  • Murray v. State, 2D03-3625.
    • United States
    • Court of Appeal of Florida (US)
    • 29 d3 Dezembro d3 2004
    ...out of a single criminal episode may not be imposed consecutively."); Jackson v. State, 659 So.2d 1060 (Fla.1995); Brooks v. State, 630 So.2d 527 (Fla.1993); Hale v. State, 630 So.2d 521 (Fla.1993); Daniels v. State, 595 So.2d 952 (Fla.1992); Palmer v. State, 438 So.2d 1 (Fla.1983). See gen......
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