Ford v. State, 94-1588

Citation652 So.2d 1236
Decision Date06 April 1995
Docket NumberNo. 94-1588,94-1588
Parties20 Fla. L. Weekly D851 Robert Lee FORD, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Asst. Atty. Gen., Tallahassee, for appellee.

WOLF, Judge.

Ford appeals from a final judgment and sentence adjudicating appellant guilty of one count of robbery and imposing a sentence as a habitual offender. The issue presented is whether the trial court erred in finding appellant to be a habitual offender where all of his prior convictions were entered on the same date. We find that the sentence was imposed in violation of section 775.084(5), Florida Statutes (1993).

The appellant was convicted by a jury of a robbery which occurred on September 2, 1993. Before trial, the state filed a notice of its intent to seek habitual offender status, and at sentencing the state introduced, without objection, three prior convictions which were all entered on September 8, 1992: Case no. 92-93-CF for aggravated assault with a deadly weapon; case no. 92-153-CF for burglary of a structure; case no. 88-189-CF for two counts of possession of a controlled substance. Certified copies of those convictions were submitted to the court and marked as state exhibits. No other convictions were presented. The prosecution stated that although the defendant had other felony convictions, they had occurred more than five years ago. The appellant was sentenced as a habitual offender to 20 years in prison followed by five years' probation.

On appeal, the appellant argues that prior to the date of the crime for which he was convicted, the Legislature altered the habitual offender statute to require prior convictions to be entered on different days. The appellant, therefore, argues that he did not qualify as a habitual offender since the prior convictions presented to the court here to support the habitual offender status were all entered on the same date. In response, the state relies on State v. Barnes, 595 So.2d 22 (Fla.1992), and argues that the habitual offender statute does not require sequential convictions to support habitual offender status. The state acknowledges that the Legislature has modified the holding of Barnes and that the effective date of the changes made to the statute is prior to the crime committed by the appellant, but nevertheless argues that the amendment to the habitual offender statute does not...

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11 cases
  • State v. Collins
    • United States
    • Florida Supreme Court
    • 5 Junio 2008
    ...to provide sufficient evidence that defendant committed present offenses within five years of release from prison); Ford v. State, 652 So.2d 1236 (Fla. 1st DCA 1995) (resentencing ordered where State improperly introduced prior convictions that had not been sentenced separately); Louis v. S......
  • State v. Smith
    • United States
    • Rhode Island Supreme Court
    • 8 Febrero 2001
    ...have concluded that the convictions used as a basis for enhanced punishment must occur sequentially. See, e.g., Ford v. State, 652 So.2d 1236, 1237 (Fla.Dist.Ct. App.1995) (sequential convictions are necessary for imposition of habitual offender statute); Miller v. State, 275 Ind. 454, 417 ......
  • Jerry v. State
    • United States
    • Florida District Court of Appeals
    • 7 Mayo 2021
    ...766 So. 2d at 1257. In support of that statement, we relied upon Prince v. State, 684 So. 2d 850 (Fla. 2d DCA 1996), Ford v. State, 652 So. 2d 1236 (Fla. 1st DCA 1995), and Alfonso, 659 So. 2d at 478. However, none of those cases stood for the proposition that neither of the simultaneous co......
  • Brown v. State, 95-675
    • United States
    • Florida District Court of Appeals
    • 8 Diciembre 1995
    ...offender sentencing, see State v. Barnes, 595 So.2d 22 (Fla.1992), Waters v. State, 657 So.2d 39 (Fla. 1st DCA 1995), Ford v. State, 652 So.2d 1236 (Fla. 1st DCA 1995). Affirmed in part, reversed in part and remanded with BOOTH, JOANOS and BENTON, JJ., concur. ...
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