Sibley v. State, 90-2074
| Decision Date | 23 September 1991 |
| Docket Number | No. 90-2074,90-2074 |
| Parties | Darryl Eugene SIBLEY, Appellant, v. STATE of Florida, Appellee. 586 So.2d 1245, 16 Fla. L. Week. D2493 |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.
Darryl Eugene Sibley appeals a final judgment adjudicating him guilty of attempted first degree murder of a law enforcement officer with a firearm, and sentencing him as a habitual felony offender to a term of life in prison, 25-year minimum mandatory, pursuant to section 775.0825, Florida Statutes (1989). Sibley raises two issues on this appeal. We affirm in part and reverse in part.
On February 5, 1990, the state filed an information charging Sibley in several counts with attempted first degree murder of a law enforcement officer with a firearm, kidnapping, grand theft auto, grand theft of a firearm, grand theft of U.S. currency, possession of a firearm by a convicted felon, carrying a concealed firearm, and resisting an officer with violence. In open court, the state orally amended the attempted murder count to state that during the charged offense, the officer was engaged in the lawful performance of his duty, pursuant to section 784.07(3), Florida Statutes (1989). The defense counsel waived objection to the clarification or amendment "pursuant to negotiations with the State." Pursuant to a negotiated plea agreement, Sibley entered a plea of nolo contendere to the attempted first degree murder count, without reserving his right to appeal, and the state entered a nolle prosequi as to the remaining counts of the information. The circuit court accepted Sibley's plea as freely and voluntarily made, and found that he was a habitual felony offender. The court adjudicated Sibley guilty and sentenced him as a habitual felony offender to a term of life in prison with a twenty-five-year minimum mandatory as provided in section 775.0825.
Sibley's first point contends that sections 775.0825 and 784.07(3), Florida Statutes (1989), are impermissibly vague and violate due process, thus rendering unlawful his sentence of life imprisonment without parole for 25 years. Whether or not this issue was properly preserved for appellate review in this case, we note that these arguments have now been rejected, requiring affirmance on this point. Nephew v. State, 580 So.2d 305 (Fla. 1st DCA 1991); Carpentier v. State, 587 So.2d 1355 (Fla. 1st DCA 1991).
Sibley's second point contends that the trial court erred...
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