Jennings v. State, BL-199
| Decision Date | 23 December 1986 |
| Docket Number | No. BL-199,BL-199 |
| Citation | 498 So.2d 1373,12 Fla. L. Weekly 111 |
| Parties | 12 Fla. L. Weekly 111 Leonard JENNINGS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen. and Norma Mungenast, Asst. Atty. Gen., Tallahassee, for appellee.
Jennings appeals his sentences which are based on the mask enhancement statute. We affirm.
Appellant was charged with burglary of a dwelling with an assault while masked; aggravated assault with a deadly weapon while masked; battery while masked and exhibiting sexual organs while masked. Appellant was found guilty as charged on all counts. The record contained two sentencing guidelines sheets: one based on a category 5 burglary offense, reflecting a total of 96 points and calling for a sentence of 3 1/2 to 4 1/2 years; and the second sheet based on the primary offense, a category 4 aggravated assault, reflecting 196 points and calling for a prison sentence of 4 1/2 to 5 1/2 years. The court did not indicate which of the two scoresheets it used to impose the following sentences: 5 years in prison for aggravated assault, 4 years in prison for burglary, 1 year for battery, and 1 year for the misdemeanor, all to run concurrently.
Appellant argues that the lower court erred by reclassifying the degree of aggravated assault and battery upward based on the fact that appellant wore a mask while committing these felonies. Appellant contends that the mask statute, like the habitual offender statute, does not require reclassification of the degree of crimes, but only increases the penalty. We disagree. Appellant is only correct in stating that the habitual offender status pursuant to § 775.084, Florida Statutes (1985) does not permit the reclassifying of crimes upward for scoresheet purposes. The statute's language clearly reveals that only the penalty is enhanced, i.e., in terms of years. The degree of offense remains the same. See Cuthbert v. State, 459 So.2d 1098 (Fla. 1st DCA 1984), pet. for rev. denied 467 So.2d 1000 (Fla.1985); Hall v. State, 483 So.2d 549 (Fla. 1st DCA 1986). However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes it from the habitual offender statute. The language of the mask statute requires that each offense, i.e., misdemeanor or felony, shall be punishable as if it were reclassified upward as an offense of the next higher degree. Therefore for example, the trial court was correct in reclassifying appellant's act of burglary of a dwelling, a second degree felony, to a first degree felony, because during the commission of the offense appellant was wearing a "device that concealed his identity." Section 775.0845(4), Florida Statutes (1985). See also Dominguez v. State, 461 So.2d 277 (Fla. 5th DCA 1985).
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Strawn v. State
...a firearm, use of mask is an invalid reason to depart where the defendant has not been convicted of using a mask. See Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986), and Mash v. State, 499 So.2d 35 (Fla. 1st DCA 1986). It is improper to base a departure on factors relating to an offe......
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Cabal v. State
...court in this case summarily affirmed the sentence, relying on the First District Court of Appeal's decision in Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986), but certified conflict with Woods, Archibald, and Spicer. In Jennings, the First District Court of Appeal determined that se......
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Sullivan v. State, 89-02605
...found that while committing attempted robbery defendant "was wearing devices that concealed his identity," and in Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986), the charge as to each offense specified it was committed "while masked," and the jury found appellant guilty as But appell......
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Cabal v. State, 95-99
...Atty. Gen., for appellee. Before HUBBART, GERSTEN and GODERICH, JJ. PER CURIAM. We affirm based on the authority of Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986). We also certify conflict with Woods v. State, 654 So.2d 606 (Fla. 5th DCA 1995), Archibald v. State, 646 So.2d 298 (Fla.......