Gholston v. State, 89-02826
| Decision Date | 17 December 1990 |
| Docket Number | No. 89-02826,89-02826 |
| Citation | 589 So.2d 307 |
| Parties | Randy Leon GHOLSTON, Appellant, v. STATE of Florida, Appellee. 589 So.2d 307, 16 Fla. L. Week. D2982, 16 Fla. L. Week. 46 |
| Court | Florida District Court of Appeals |
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.
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) (); Barber v. State, 564 So.2d 1169, 1173 (Fla. 1st DCA 1990) (). Accordingly, the habitual felony offender statute can have no application to appellant's sentences under Counts I through III.
As to appellant's first-degree felony conviction under Count IV, the trial court correctly sentenced appellant to life imprisonment. Sec. 775.084(4)(a)1, Fla.Stat. However, the judgment must be corrected as to Counts V and VI. The habitual felony offender statute does not reclassify offenses as to their degree; rather, it merely extends the penalties above the maximum otherwise authorized by statute. Here, the trial judge erroneously reclassified appellant's third-degree felony conviction of aggravated assault to a second-degree felony, and his second-degree felony conviction of aggravated battery as a first-degree felony. Moreover, while the sentence imposed for the aggravated battery conviction (30 years) is within that authorized by the habitual offender statute, 1 the sentence imposed for appellant's aggravated assault conviction (15 years) exceeds the ten-year statutory cap set forth in Section 775.084(4)(a)3, Florida Statutes.
We therefore vacate appellant's sentences under Counts I, II, III, V, and VI, and remand this cause for resentencing.
To continue reading
Request your trial
-
Lamont v. State
...(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
...the habitual-offender statute. 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 ......
-
Pearson v. State, 90-2148
...further review the 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); Ba......
-
Sessions v. State, 90-2186
...decision on 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 So.2d......