Gholston v. State, No. 89-02826

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; ERVIN
Citation589 So.2d 307
Decision Date17 December 1990
Docket NumberNo. 89-02826
PartiesRandy Leon GHOLSTON, Appellant, v. STATE of Florida, Appellee. 589 So.2d 307, 16 Fla. L. Week. D2982, 16 Fla. L. Week. 46

Page 307

589 So.2d 307
Randy Leon GHOLSTON, Appellant,
v.
STATE of Florida, Appellee.
No. 89-02826.
589 So.2d 307, 16 Fla. L. Week. D2982, 16 Fla. L. Week. 46
District Court of Appeal of Florida,
First District.
Dec. 17, 1990.
On Motion for Rehearing or Certification Nov. 26, 1991.

Barbara M. Linthicum, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for six felonies. Appellant raises several issues. However, we need only discuss his contention that the trial court misapprehended the habitual felony offender statute.

Under Counts I and II, appellant was convicted of two counts of sexual battery while armed with a deadly weapon, which are both life felonies. Under Count III, appellant was convicted of burglary while armed with a dangerous weapon, a first-degree felony punishable by life imprisonment. Under Count IV, appellant was convicted of armed robbery, a first-degree felony. Under Count V, appellant was convicted of aggravated assault, a third-degree felony. Under Count VI, appellant was convicted of aggravated battery, a second-degree felony. Before sentencing, the court found appellant to be a habitual felony offender under Section 775.084, Florida Statutes. As to Counts I through IV, the court sentenced appellant to four concurrent life sentences. As to Count V, the court reclassified appellant's aggravated assault conviction from a third-degree felony to a second-degree felony, and sentenced appellant to 15 years' imprisonment. As to Count VI, the court reclassified appellant's aggravated battery conviction from a second-degree felony to a first-degree felony, and sentenced appellant to 30 years' imprisonment. We agree with appellant that the trial court misapprehended the habitual felony offender statute.

Section 775.084, Florida Statutes, makes no provision for enhancing penalties for first-degree felonies punishable by life, life felonies, or capital felonies. See Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990) (habitual violent felony offender statute makes no provision for enhancing sentence of defendant convicted of life felony); Barber v. State, 564 So.2d 1169, 1173 (Fla. 1st DCA 1990) (habitual felony offender statute is not irrational for failure to make any provision for enhancement of first-degree...

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11 practice notes
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...(Fla. 1st DCA 1991) (holding that Section 775.084 does not apply to sentencing of defendant convicted of life felony); Gholston v. State, 589 So.2d 307 (Fla. 3d DCA 1990) (holding that Section 775.084 does not apply to sentencing of defendant convicted of sexual battery while armed with a d......
  • Conley v. State, No. 90-1745
    • United States
    • Court of Appeal of Florida (US)
    • January 2, 1992
    ...statute. Page 732 This court recently held in Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990), and Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1990), that the habitual-offender statute cannot be applied to defendant's convictions classified as life felonies. However, we held in Burdi......
  • Pearson v. State, No. 90-2148
    • United States
    • Court of Appeal of Florida (US)
    • August 18, 1992
    ...Florida Supreme Court will correct this obvious exercise in judicial legislation. --------------- 1 FIRST DISTRICT: Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1991), approved, 17 F.L.W. S554, --- So.2d ---- (Fla. July 23, 1992); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990); Barbe......
  • Sessions v. State, No. 90-2186
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...the remaining points on appeal as discussed and disposed of in the court's opinion. --------------- 1 First District: Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1990); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990); Barber v. State, 564 So.2d 1169 (Fla. 1st DCA), rev. denied, 576 S......
  • Request a trial to view additional results
11 cases
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...(Fla. 1st DCA 1991) (holding that Section 775.084 does not apply to sentencing of defendant convicted of life felony); Gholston v. State, 589 So.2d 307 (Fla. 3d DCA 1990) (holding that Section 775.084 does not apply to sentencing of defendant convicted of sexual battery while armed with a d......
  • Conley v. State, No. 90-1745
    • United States
    • Court of Appeal of Florida (US)
    • January 2, 1992
    ...statute. Page 732 This court recently held in Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990), and Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1990), that the habitual-offender statute cannot be applied to defendant's convictions classified as life felonies. However, we held in Burdi......
  • Pearson v. State, No. 90-2148
    • United States
    • Court of Appeal of Florida (US)
    • August 18, 1992
    ...Florida Supreme Court will correct this obvious exercise in judicial legislation. --------------- 1 FIRST DISTRICT: Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1991), approved, 17 F.L.W. S554, --- So.2d ---- (Fla. July 23, 1992); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990); Barbe......
  • Sessions v. State, No. 90-2186
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...the remaining points on appeal as discussed and disposed of in the court's opinion. --------------- 1 First District: Gholston v. State, 589 So.2d 307 (Fla. 1st DCA 1990); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990); Barber v. State, 564 So.2d 1169 (Fla. 1st DCA), rev. denied, 576 S......
  • Request a trial to view additional results

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