Inmon v. State, 79-402
| Decision Date | 23 April 1980 |
| Docket Number | No. 79-402,79-402 |
| Citation | 383 So.2d 1103 |
| Parties | William G. INMON, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John L. Riley, St. Petersburg, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant William G. Inmon, Jr. was charged by information with involuntary sexual battery by threatening force against the victim. Prior to trial, the State served notice on appellant that his case had been referred to the Career Criminal Prosecution Program and that if the case proceeded to sentencing the State would "request that the defendant be sentenced pursuant to the Florida Habitual Offender Statute." Section 775.084, Florida Statutes (1979). 1 This notice was based on appellant's prior conviction for the same offense.
At trial, appellant exercised six peremptory challenges and attempted a seventh challenge which was objected to by the State on the ground that the charge was not a life felony. Appellant argues that under the Habitual Offender Statute he could be sentenced to life imprisonment and, therefore, should have ten peremptory challenges. The court upheld the State's objection and appellant was restricted to six peremptory challenges.
Appellant argues, inter alia, that where an offense charged is a first-degree felony and the State has announced that it will seek life imprisonment under the Habitual Offender Statute, appellant is entitled to ten peremptory challenges. We are unable to agree with appellant's argument and affirm the judgment and sentence entered against him.
Section 775.084(3)(b) provides:
(b) Written notice shall be served on the defendant and his attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence so as to allow the preparation of a submission on behalf of the defendant. (Emphasis ours)
We interpret this provision to mean that the State shall serve notice on the defendant either before he enters a plea of guilty or nolo contendere, or, in the event he enters a plea of not guilty and submits to trial, prior to the imposition of sentence. In the instant case, appellant was charged with a first-degree felony which entitled him to only six peremptory challenges. If the State had elected to wait until immediately prior to sentencing to notify appellant that he would be sentenced under the Habitual...
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Cox v. State, 1D99-2737.
...Whitaker v. State, ___ So.2d ___, 1999 WL 510773 (Fla. 3d DCA 1999); Smellie v. State, 720 So.2d 1131 (Fla. 4th DCA 1998); Inmon v. State, 383 So.2d 1103 (Fla. 2d DCA), review denied, 389 So.2d 1111 (Fla.1980). In each of the cited cases, the defendant maintained that because he was charged......
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Schneider v. State, 12450
...the number of peremptory challenges allowed include the following: Tatum v. United States, 330 A.2d 522 (D.C.App.1974); Inmon v. State, 383 So.2d 1103 (Fla.App.1980); State v. Boyd, 206 Kan. 597, 481 P.2d 1015 (1971), cert. denied, 405 U.S. 927, 92 S.Ct. 977, 30 L.Ed.2d 800 (1972); People v......
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Ashley v. State, 90-2500
...a plea of guilty or nolo contendere, or in the event of a not guilty plea, prior to the imposition of sentence. See Inmon v. State, 383 So.2d 1103 (Fla. 2d DCA 1980), review denied, 389 So.2d 1111 (Fla.1980). We disagree, based on a literal reading of the statute and on the basis of common ......
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Ashley v. State
...Justice. We have for review Ashley v. State, 590 So.2d 27 (Fla. 5th DCA 1991), in which the court certified conflict with Inmon v. State, 383 So.2d 1103 (Fla.2d DCA), review denied, 389 So.2d 1111 (Fla.1980). We have jurisdiction. Art V, Sec. 3(b)(4), Fla.Const. We quash the decision in Bas......