Wiley v. State
| Decision Date | 03 May 1994 |
| Docket Number | No. 92-2604,92-2604 |
| Citation | 636 So.2d 547 |
| Parties | 19 Fla. L. Weekly D995 Robert Earl WILEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the circuit court for Duval County; R. Hudson Olliff, Judge.
Nancy A. Daniels, Public Defender, and Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen. of Dept. of Legal Affairs, Tallahassee, for appellee.
The jury found Robert Earl Wiley guilty of attempted third-degree murder of a law enforcement officer for events on March 18, 1992. The trial judge sentenced Wiley as an habitual offender to thirty years in prison, with a twenty-five year minimum mandatory term. Attempted murder of a law enforcement officer is a life felony. Sec. 784.07(3), Fla.Stat. (1991). We reverse and remand for resentencing because, as the State concedes, a life felony may not be enhanced. State v. Knickerbocker, 616 So.2d 33 (Fla.1993). We affirm in all other respects.
It is so ordered.
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Stevens v. State
...a habitual violent felony offender. While habitual offender sanctions can not be imposed for life felonies, see e.g. Wiley v. State, 636 So.2d 547 (Fla. 1st DCA 1994), the instant offense is no longer a life felony and, as a result, on remand the trial court may impose enhanced sanctions. W......
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Wiley v. State, 98-3205.
...We reversed on the ground that habitual felony offender status cannot be used to enhance a life felony offense. See Wiley v. State, 636 So.2d 547 (Fla. 1st DCA 1994). On remand, the defendant was sentenced to twenty-five years with a mandatory minimum term of twenty-five While the defendant......