Fuller v. State, No. 90-2421
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | ERVIN; MINER; JOANOS |
| Citation | 16 Fla. L. Weekly 1226,578 So.2d 887 |
| Decision Date | 03 May 1991 |
| Docket Number | No. 90-2421 |
| Parties | Michael FULLER, Appellant, v. STATE of Florida, Appellee. 578 So.2d 887, 16 Fla. L. Week. 1226 |
Page 887
v.
STATE of Florida, Appellee.
578 So.2d 887, 16 Fla. L. Week. 1226
First District.
Page 888
Barbara M. Linthicum, Public Defender, Kathleen Stover, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., for appellee.
ERVIN, Judge.
Appellant, Michael Fuller, challenges his sentences as a habitual felony offender under the 1989 statute. We agree with appellant that he was improperly sentenced as such and therefore reverse.
Appellant, as part of a plea agreement, agreed to plead no contest to certain criminal charges, including grand theft, possession of drug paraphernalia, possession of cocaine, resisting arrest without violence, and numerous burglary counts. 1 The plea was made with the understanding that the state was seeking habitual offender sentencing, but would not recommend a sentence greater than fifteen years. 2 The plea was accepted and appellant was subsequently sentenced as a habitual felony offender in accordance with the plea agreement.
Appellant contends that the trial court erred by sentencing him as a habitual offender, because the predicate prior felony convictions relied on therefor occurred on the same date. See Joyner v. State, 158 Fla. 806, 30 So.2d 304 (1947); Shead v. State, 367 So.2d 264 (Fla. 3d DCA 1979). The state counters, arguing that an amendment to the statute effective October 1, 1989, clearly permits a defendant to be habitualized under the statute regardless of whether the qualifying convictions were entered simultaneously. Specifically, the state argues that whereas the 1988 version of Section 775.084(1), Florida Statutes, defined a habitual felony offender as including a defendant who had "previously been convicted of two or more felonies in this state," which this court in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), interpreted as requiring sequential convictions, the 1989 definition includes a defendant who has "previously been convicted of any combination of two or more felonies in this state or other qualified offenses [.]" (Emphasis added.) This "any combination" language, the state argues, overrules prior constructions of the statute requiring sequential convictions for habitualization purposes.
We cannot agree with the state's position. The sequential conviction requirement is one of long standing. Nothing in the 1989 amendment addresses the timing of the qualified offenses. If the legislature intended to overrule the sequential...
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Gaskins v. State, No. 91-106
...500 So.2d 501, 503 (Fla.1986), clarified in Quarterman v. State, 527 So.2d 1380 (Fla.1988); Rhoden, 448 So.2d at 1016; Fuller v. State, 578 So.2d 887, 889 (Fla. 1st DCA1991), quashed on other grounds, 595 So.2d 20 (Fla.1992); Poppell v. State, 509 So.2d 390, 390 (Fla. 1st DCA1987); Bernard ......
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Fuller v. State, No. 90-2421
...arbitrary, vague, and standardless; and (4) that the trial court erred by failing to conduct an oral plea colloquy. In Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), we reversed appellant's habitual felony offender sentence for lack of sequential convictions and certified the question ......
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Key v. State, Nos. 90-3496
...convictions be sequential. See Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), and cases cited therein. See also Fuller v. State, 578 So.2d 887 (Fla. 1st DCA The record in this case reflects that appellant has five prior felony convictions, and that not all of the underlying offenses we......
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Harrison v. State, No. 90-2570
...1990). This requirement of sequentiality was not eliminated in the amendment to the statute effective October 1, 1989. Fuller v. State, 578 So.2d 887 (Fla. 1st DCA While there is no disagreement between the parties as to the applicability of the above citations, the state contends that the ......
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Gaskins v. State, No. 91-106
...500 So.2d 501, 503 (Fla.1986), clarified in Quarterman v. State, 527 So.2d 1380 (Fla.1988); Rhoden, 448 So.2d at 1016; Fuller v. State, 578 So.2d 887, 889 (Fla. 1st DCA1991), quashed on other grounds, 595 So.2d 20 (Fla.1992); Poppell v. State, 509 So.2d 390, 390 (Fla. 1st DCA1987); Bernard ......
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Fuller v. State, No. 90-2421
...arbitrary, vague, and standardless; and (4) that the trial court erred by failing to conduct an oral plea colloquy. In Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), we reversed appellant's habitual felony offender sentence for lack of sequential convictions and certified the question ......
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Key v. State, Nos. 90-3496
...convictions be sequential. See Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), and cases cited therein. See also Fuller v. State, 578 So.2d 887 (Fla. 1st DCA The record in this case reflects that appellant has five prior felony convictions, and that not all of the underlying offenses we......
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Harrison v. State, No. 90-2570
...1990). This requirement of sequentiality was not eliminated in the amendment to the statute effective October 1, 1989. Fuller v. State, 578 So.2d 887 (Fla. 1st DCA While there is no disagreement between the parties as to the applicability of the above citations, the state contends that the ......