Johnson v. State, No. 89-2650

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation564 So.2d 1174
Parties15 Fla. L. Weekly D2024 Delrick JOHNSON, Appellant, v. STATE of Florida, Appellee.
Decision Date08 August 1990
Docket NumberNo. 89-2650

Page 1174

564 So.2d 1174
15 Fla. L. Weekly D2024
Delrick JOHNSON, Appellant,
v.
STATE of Florida, Appellee.
No. 89-2650.
District Court of Appeal of Florida,
Fourth District.
Aug. 8, 1990.

Richard L. Jorandby, Public Defender, Jeffrey L. Anderson and Jill Hanekamp, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, Delrick Johnson, convicted of strong armed robbery, challenges the constitutionality of the habitual offender statute and the trial court's decision to sentence him as a habitual violent felony offender. We affirm.

FACTS

Johnson was convicted of the armed robbery of Father Walter Harnott. Harnott testified that he went to an early morning appointment at his doctor's office on December 28, 1988. Because he arrived early, he waited in his car for the office to open. While he waited, a man Harnott identified as Johnson asked for Harnott's wallet and began counting to three. Although he saw no gun, Harnott testified that the man said he had a gun under his jacket. Harnott gave him $120 from his wallet and his wristwatch. Other evidence was presented identifying Johnson as the robber. The jury subsequently found appellant guilty of robbery as charged. Before trial, the state had filed notice seeking increased sanctions against Johnson as a habitual (violent) felony offender. At sentencing the court enhanced Johnson's punishment after hearing evidence of Johnson's prior robbery convictions.

SUFFICIENCY OF HABITUAL OFFENDER FINDINGS

Johnson initially challenges the sufficiency of the court's findings determining that he was a habitual offender. Section 775.084, Florida Statutes (Supp.1988), Florida's "Habitual Felony Offender" Act, provides in part:

(b) "Habitual violent felony offender" means a defendant for whom the court may impose an extended term of imprisonment ... if it finds that:

1. The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for:

a. Arson,

b. Sexual battery,

c. Robbery,

d. Kidnapping,

e. Aggravated child abuse,

f. Aggravated assault,

g. Murder,

h. Manslaughter,

i. Unlawful throwing, placing, or discharging of a destructive device, or bomb, or

j. Armed burglary;

2. The felony for which the defendant is to be sentenced was committed within 5

Page 1175

years of the date of the conviction of the last prior enumerated felony or within 5 years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for an enumerated felony, whichever is later....

The statute prescribes as to the procedure the court must follow:

(3) In a separate proceeding, the court shall determine if the defendant is a ... habitual violent felony...

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25 practice notes
  • Love v. State, No. 89-2461
    • United States
    • Court of Appeal of Florida (US)
    • October 16, 1990
    ...We, therefore, affirm on that issue with no further discussion. See Arnold v. State, 566 So.2d 37 (Fla. 2nd DCA 1990); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); King v. State, 557 So.2d 899 (Fla. 5th DCA 1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990) (although th......
  • Henderson v. State, No. 89-2873
    • United States
    • Florida District Court of Appeals
    • November 15, 1990
    ...in prior decisions. Love v. State, 569 So.2d 807 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dismissed, 564 So.2d 488 (Fla.1990); Long v. State, 558 So.2d 1091 (Fl......
  • Oglesby v. State, No. 90-2699
    • United States
    • Court of Appeal of Florida (US)
    • July 23, 1991
    ...So.2d 1045 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla.2d DCA 1990), rev. den., 576 So.2d 284 (Fla.1991); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), rev. den., 576 So.2d 288 (Fla.1991); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dism., 564 So.2d 488 (Fla.1990); Ki......
  • Robinson v. State, No. 92-0716
    • United States
    • Court of Appeal of Florida (US)
    • February 17, 1993
    ...unconstitutional. See Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), cause dismissed, 564 So.2d 488 (Fla.1990); accord Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), review denied, 576 So.2d 288 (Fla.1991); Mitchell v. State, 575 So.2d 798 (Fla. 4th DCA 1991); Crawley v. State, 578 S......
  • Request a trial to view additional results
25 cases
  • Love v. State, No. 89-2461
    • United States
    • Court of Appeal of Florida (US)
    • October 16, 1990
    ...We, therefore, affirm on that issue with no further discussion. See Arnold v. State, 566 So.2d 37 (Fla. 2nd DCA 1990); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); King v. State, 557 So.2d 899 (Fla. 5th DCA 1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990) (although th......
  • Henderson v. State, No. 89-2873
    • United States
    • Florida District Court of Appeals
    • November 15, 1990
    ...in prior decisions. Love v. State, 569 So.2d 807 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dismissed, 564 So.2d 488 (Fla.1990); Long v. State, 558 So.2d 1091 (Fl......
  • Oglesby v. State, No. 90-2699
    • United States
    • Court of Appeal of Florida (US)
    • July 23, 1991
    ...So.2d 1045 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla.2d DCA 1990), rev. den., 576 So.2d 284 (Fla.1991); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), rev. den., 576 So.2d 288 (Fla.1991); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dism., 564 So.2d 488 (Fla.1990); Ki......
  • Robinson v. State, No. 92-0716
    • United States
    • Court of Appeal of Florida (US)
    • February 17, 1993
    ...unconstitutional. See Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), cause dismissed, 564 So.2d 488 (Fla.1990); accord Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), review denied, 576 So.2d 288 (Fla.1991); Mitchell v. State, 575 So.2d 798 (Fla. 4th DCA 1991); Crawley v. State, 578 S......
  • Request a trial to view additional results

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