Florida Statute 775.84 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

View Entire Chapter

F.S. 775.084

775.084 Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.—

(1) As used in this act:

(a) “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that:

1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses.

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

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualified offense; or

b. Within 5 years of the date of the conviction of the defendant’s last prior felony or other qualified offense, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.

3. The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance.

4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.

5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(b) “Habitual violent felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(b), 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 abuse of an elderly person or disabled adult;

g. Aggravated assault with a deadly weapon;

h. Murder;

i. Manslaughter;

j. Aggravated manslaughter of an elderly person or disabled adult;

k. Aggravated manslaughter of a child;

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

m. Armed burglary;

n. Aggravated battery; or

o. Aggravated stalking.

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

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or

b. Within 5 years of the date of the conviction of the last prior enumerated felony, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.

3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.

4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(c) “Three-time violent felony offender” means a defendant for whom the court must impose a mandatory minimum term of imprisonment, as provided in paragraph (4)(c), if it finds that:

1. The defendant has previously been convicted as an adult two or more times of a felony, or an attempt to commit a felony, and two or more of such convictions were for committing, or attempting to commit, any of the following offenses or combination thereof:

a. Arson;

b. Sexual battery;

c. Robbery;

d. Kidnapping;

e. Aggravated child abuse;

f. Aggravated abuse of an elderly person or disabled adult;

g. Aggravated assault with a deadly weapon;

h. Murder;

i. Manslaughter;

j. Aggravated manslaughter of an elderly person or disabled adult;

k. Aggravated manslaughter of a child;

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

m. Armed burglary;

n. Aggravated battery;

o. Aggravated stalking;

p. Home invasion/robbery;

q. Carjacking; or

r. An offense which is in violation of a law of any other jurisdiction if the elements of the offense are substantially similar to the elements of any felony offense enumerated in sub-subparagraphs a.-q., or an attempt to commit any such felony offense.

2. The felony for which the defendant is to be sentenced is one of the felonies enumerated in sub-subparagraphs 1.a.-q. and was committed:

a. While the defendant was serving a prison sentence or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r.; or

b. Within 5 years after the date of the conviction of the last prior offense enumerated in sub-subparagraphs 1.a.-r., or within 5 years after the defendant’s release from a prison sentence, probation, community control, or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r., whichever is later.

3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.

4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(d) “Violent career criminal” means a defendant for whom the court must impose imprisonment pursuant to paragraph (4)(d), if it finds that:

1. The defendant has previously been convicted as an adult three or more times for an offense in this state or other qualified offense that is:

a. Any forcible felony, as described in s. 776.08;

b. Aggravated stalking, as described in s. 784.048(3) and (4);

c. Aggravated child abuse, as described in s. 827.03(2)(a);

d. Aggravated abuse of an elderly person or disabled adult, as described in s. 825.102(2);

e. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, as described in s. 800.04 or s. 847.0135(5);

f. Escape, as described in s. 944.40; or

g. A felony violation of chapter 790 involving the use or possession of a firearm.

2. The defendant has been incarcerated in a state prison or a federal prison.

3. The primary felony offense for which the defendant is to be sentenced is a felony enumerated in subparagraph 1. and was committed on or after October 1, 1995, and:

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or

b. Within 5 years after the conviction of the last prior enumerated felony, or within 5 years after the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.

4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.

5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(e) “Qualified offense” means any offense, substantially similar in elements and penalties to an offense in this state, which is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction, that was punishable under the law of such jurisdiction at the time of its commission by the defendant by death or imprisonment exceeding 1 year.

(2) For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction.

(3)(a) In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony offender. The procedure shall be as follows:

1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender.

2. Written notice shall be served on the defendant and the defendant’s attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant.

3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

4. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings.

5. For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.

6. For an offense committed on or after October 1, 1995, if the state attorney pursues a habitual felony offender sanction or a habitual violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a habitual felony offender or a habitual violent felony offender, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant as a habitual felony offender or a habitual violent felony offender, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a habitual felony offender or a habitual violent felony offender as provided in this subparagraph.

(b) In a separate proceeding, the court shall determine if the defendant is a three-time violent felony offender. The procedure shall be as follows:

1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a three-time violent felony offender.

3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

5. For the purpose of identification of a three-time violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.

6. For an offense committed on or after the effective date of this act, if the state attorney pursues a three-time violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a three-time violent felony offender, subject to imprisonment pursuant to this section as provided in paragraph (4)(c).

(c) In a separate proceeding, the court shall determine whether the defendant is a violent career criminal with respect to a primary offense committed on or after October 1, 1995. The procedure shall be as follows:

1. Written notice shall be served on the defendant and the defendant’s attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant.

2. All evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

3. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable only as provided in paragraph (d).

4. For the purpose of identification, the court shall fingerprint the defendant pursuant to s. 921.241.

5. For an offense committed on or after October 1, 1995, if the state attorney pursues a violent career criminal sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a violent career criminal, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant as a violent career criminal, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a violent career criminal as provided in this subparagraph.

(d)1. A person sentenced under paragraph (4)(d) as a violent career criminal has the right of direct appeal, and either the state or the defendant may petition the trial court to vacate an illegal sentence at any time. However, the determination of the trial court to impose or not to impose a violent career criminal sentence is presumed appropriate and no petition or motion for collateral or other postconviction relief may be considered based on an allegation either by the state or the defendant that such sentence is inappropriate, inadequate, or excessive.

2. It is the intent of the Legislature that, with respect to both direct appeal and collateral review of violent career criminal sentences, all claims of error or illegality be raised at the first opportunity and that no claim should be filed more than 2 years after the judgment and sentence became final, unless it is established that the basis for the claim could not have been ascertained at the time by the exercise of due diligence. Technical violations and mistakes at trials and sentencing proceedings involving violent career criminals that do not affect due process or fundamental fairness are not appealable by either the state or the defendant.

3. It is the intent of the Legislature that no funds, resources, or employees of the state or its political subdivisions be used, directly or indirectly, in appellate or collateral proceedings based on violent career criminal sentencing, except when such use is constitutionally or statutorily mandated.

(4)(a) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual felony offender as follows:

1. In the case of a life felony or a felony of the first degree, for life.

2. In the case of a felony of the second degree, for a term of years not exceeding 30.

3. In the case of a felony of the third degree, for a term of years not exceeding 10.

(b) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual violent felony offender as follows:

1. In the case of a life felony or a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years.

2. In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years.

3. In the case of a felony of the third degree, for a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.

(c)1. The court, in conformity with the procedure established in paragraph (3)(b), must sentence the three-time violent felony offender to a mandatory minimum term of imprisonment, as follows:

a. In the case of a felony punishable by life, to a term of imprisonment for life;

b. In the case of a felony of the first degree, to a term of imprisonment of 30 years;

c. In the case of a felony of the second degree, to a term of imprisonment of 15 years; or

d. In the case of a felony of the third degree, to a term of imprisonment of 5 years.

2. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(d) The court, in conformity with the procedure established in paragraph (3)(c), shall sentence the violent career criminal as follows:

1. In the case of a life felony or a felony of the first degree, for life.

2. In the case of a felony of the second degree, for a term of years not exceeding 40, with a mandatory minimum term of 30 years’ imprisonment.

3. In the case of a felony of the third degree, for a term of years not exceeding 15, with a mandatory minimum term of 10 years’ imprisonment.

(e) If the court finds, pursuant to paragraph (3)(a) or paragraph (3)(c), that it is not necessary for the protection of the public to sentence a defendant who meets the criteria for sentencing as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, with respect to an offense committed on or after October 1, 1995, sentence shall be imposed without regard to this section.

(f) At any time when it appears to the court that the defendant is eligible for sentencing under this section, the court shall make that determination as provided in paragraph (3)(a), paragraph (3)(b), or paragraph (3)(c).

(g) A sentence imposed under this section shall not be increased after such imposition.

(h) A sentence imposed under this section is not subject to s. 921.002.

(i) The provisions of this section do not apply to capital felonies, and a sentence authorized under this section does not preclude the imposition of the death penalty for a capital felony.

(j) The provisions of s. 947.1405 shall apply to persons sentenced as habitual felony offenders and persons sentenced as habitual violent felony offenders.

(k)1. A defendant sentenced under this section as a habitual felony offender, a habitual violent felony offender, or a violent career criminal is eligible for gain-time granted by the Department of Corrections as provided in s. 944.275(4)(b).

2. For an offense committed on or after October 1, 1995, a defendant sentenced under this section as a violent career criminal is not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release granted pursuant to s. 947.149.

3. For an offense committed on or after July 1, 1999, a defendant sentenced under this section as a three-time violent felony offender shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release.

(5) In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.

(6) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section, and to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.—s. 5, ch. 71-136; s. 7, ch. 74-383; s. 1, ch. 75-116; s. 2, ch. 75-298; s. 1, ch. 77-174; s. 6, ch. 88-131; s. 1, ch. 89-280; s. 2, ch. 93-406; s. 2, ch. 95-182; s. 8, ch. 95-195; s. 14, ch. 96-322; s. 44, ch. 96-388; s. 12, ch. 97-78; s. 12, ch. 97-194; s. 11, ch. 98-204; s. 3, ch. 99-188; s. 3, ch. 99-201; s. 3, ch. 2000-246; ss. 1, 2, ch. 2002-210; s. 2, ch. 2003-23; s. 14, ch. 2008-172; s. 10, ch. 2012-155; s. 39, ch. 2016-105; s. 8, ch. 2019-98.

F.S. 775.084 on Google Scholar

F.S. 775.084 on CourtListener

Amendments to 775.084

Annotations, Discussions, Cases:

Cases Citing Statute 775.084

Total Results: 1000

Hale v. State

630 So. 2d 521, 1993 WL 406369

Supreme Court of Florida | Filed: Oct 14, 1993 | Docket: 418986

Cited 212 times | Published

classified as a violent felony offender pursuant to section 775.084, and thereby subjected to an extended term

Carter v. State

786 So. 2d 1173, 2001 WL 543657

Supreme Court of Florida | Filed: May 24, 2001 | Docket: 1278649

Cited 156 times | Published

enhanced punishment as a habitual offender under section 775.084."); Carter, 704 So.2d at 1070.[3] Carter filed

State v. Hearns

961 So. 2d 211, 2007 WL 1215452

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 468645

Cited 137 times | Published

him a violent career criminal (VCC) under section 775.084, Florida Statutes (2000), and pursuant to that

Whitehead v. State

498 So. 2d 863, 11 Fla. L. Weekly 553

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 1699742

Cited 114 times | Published

holding that the habitual offender statute (section 775.084, Florida Statutes (1985)) is an adequate reason

State v. Johnson

616 So. 2d 1, 1993 WL 5056

Supreme Court of Florida | Filed: Jan 14, 1993 | Docket: 1392091

Cited 99 times | Published

district court held that the amendments to section 775.084, Florida Statutes (1989) (the habitual violent

Burdick v. State

594 So. 2d 267, 1992 WL 18563

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1485882

Cited 91 times | Published

permissive or mandatory under the 1988 amendment to section 775.084(4)(a)1, Florida Statutes? [2.] Is a first degree

Salters v. State

758 So. 2d 667, 2000 WL 581696

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 480072

Cited 88 times | Published

request that the trial court, pursuant to section 775.084, Florida Statutes (Supp. 1996), declare Salters

Ashley v. State

614 So. 2d 486

Supreme Court of Florida | Filed: Feb 25, 1993 | Docket: 449216

Cited 83 times | Published

punishment as an habitual felony offender. See § 775.084, Fla. Stat. (1989). Ashley unsuccessfully sought

State v. Collins

985 So. 2d 985, 2008 WL 2277513

Supreme Court of Florida | Filed: Jun 5, 2008 | Docket: 1252964

Cited 74 times | Published

sentenced," as the habitual offender statute, section 775.084(5), Florida Statutes (2001), requires.[1] The

Robinson v. State

692 So. 2d 883, 1997 WL 196674

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 2538848

Cited 73 times | Published

was an habitual felony offender pursuant to section 775.084(1)(a), Florida Statutes (1993).[6] Robinson

State v. Thompson

750 So. 2d 643, 1999 WL 1244518

Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595

Cited 67 times | Published

Criminal" pursuant to section 775.084, Florida Statutes (1995). The version of section 775.084 applicable in

Bover v. State

797 So. 2d 1246, 2001 WL 1166736

Supreme Court of Florida | Filed: Oct 4, 2001 | Docket: 1714830

Cited 61 times | Published

satisfy the sequential conviction requirement of section 775.084(5), Florida Statutes (1993). See id. This section

King v. State

681 So. 2d 1136, 1996 WL 606773

Supreme Court of Florida | Filed: Oct 24, 1996 | Docket: 1722245

Cited 56 times | Published

reiterated its request that King be sentenced under section 775.084, Florida Statutes (1989), Florida's habitual

Lamont v. State

610 So. 2d 435, 1992 WL 381740

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734783

Cited 50 times | Published

enhancement under the Habitual Felony Offender Act, section 775.084, Florida Statutes *436 (1989). We have jurisdiction[1]

Washington v. State

653 So. 2d 362, 1994 WL 684008

Supreme Court of Florida | Filed: Dec 8, 1994 | Docket: 552217

Cited 46 times | Published

habitual violent felony offender statute. See § 775.084(1)(b)1., Fla. Stat. (1989). His sexual battery

Jordan v. State

143 So. 3d 335, 2014 WL 1408559

Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 60293999

Cited 45 times | Published

habitual violent felony offender (HVFO) under section 775.084(4), Florida Statutes (1993), and sentenced

State v. Will

645 So. 2d 91, 1994 WL 617196

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 2523566

Cited 38 times | Published

right to a habitual offender hearing under section 775.084, Florida Statutes (1989).[2] The trial court

King v. State

597 So. 2d 309, 1992 WL 41536

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 1350401

Cited 37 times | Published

pursuant to the habitual felony offender statute, section 775.084, Florida Statutes (1989), for the third degree

King v. State

557 So. 2d 899, 1990 WL 17517

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 456893

Cited 37 times | Published

Laws of Fla. eff. Oct. 1, 1988, now codified as § 775.084. The act provides: 775.084. Habitual felony offenders

Clines v. State

912 So. 2d 550, 2005 WL 1572294

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1649863

Cited 33 times | Published

recidivist sentencing statute. That statute, section 775.084, Florida Statutes (2002), establishes four

State v. Rucker

613 So. 2d 460, 1993 WL 25141

Supreme Court of Florida | Filed: Feb 4, 1993 | Docket: 454074

Cited 33 times | Published

conveyance and criminal mischief. Pursuant to section 775.084, Florida Statutes (1989), the State sought

Zambuto v. State

413 So. 2d 461

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344985

Cited 32 times | Published

hold that the enhanced penalty provisions of Section 775.084, Florida Statutes (1979), are collateral consequences

State v. Rodriguez

575 So. 2d 1262, 1991 WL 36398

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1731302

Cited 30 times | Published

following the procedure now employed under Section 775.084." Harris, 356 So.2d at 317. Of course, it is

Simmons v. State

611 So. 2d 1250, 1992 WL 158119

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1757385

Cited 28 times | Published

sentenced as a habitual felony offender. See § 775.084(4)(e), Fla. Stat. (1991). We have previously held

McCall v. State

862 So. 2d 807, 2003 WL 22849397

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 2573758

Cited 27 times | Published

the sequential convictions requirement of section 775.084(5), Florida Statutes (2002). McCall's claim

Paul v. State

830 So. 2d 953, 2002 WL 31626711

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 2569848

Cited 27 times | Published

support an habitual offender sentence under section 775.084(1)(a)3, Florida Statutes (2002), which only

Perry v. State

808 So. 2d 268, 2002 WL 242640

District Court of Appeal of Florida | Filed: Feb 21, 2002 | Docket: 1738500

Cited 27 times | Published

appellant as a habitual felony offender under section 775.084(1)(a)(3.), Florida Statutes (1997). It is ethically

Shead v. State

367 So. 2d 264

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 1697830

Cited 27 times | Published

offender and be given an enhanced sentence under Section 775.084, Florida Statutes (1975), where (a) he has

State v. Matthews

891 So. 2d 479, 2004 WL 2973856

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704545

Cited 26 times | Published

habitual offender statute, section 775.084 of the Florida Statutes. See § 775.084, Fla. Stat. (1989);[8]see

State v. Richardson

915 So. 2d 86, 2005 WL 2155200

Supreme Court of Florida | Filed: Sep 8, 2005 | Docket: 1690600

Cited 25 times | Published

on this appeal concerns the construction of section 775.084(5), Florida Statutes (1999), a provision of

MacK v. State

823 So. 2d 746, 2002 WL 1430378

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1512731

Cited 24 times | Published

as a habitual felony offender pursuant to section 775.084, Florida Statutes (1989). Id. at 1137. However

Judge v. State

596 So. 2d 73, 1991 WL 170839

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 1358795

Cited 24 times | Published

intended to seek an enhanced sentence pursuant to section 775.084, Florida Statutes (1989). The trial court summarily

Donald v. State

562 So. 2d 792, 1990 WL 70404

District Court of Appeal of Florida | Filed: May 29, 1990 | Docket: 1256439

Cited 24 times | Published

to a sentence pursuant to the newly amended section 775.084(4)(b)1., Florida Statutes (Supp. 1988). The

Calloway v. State

914 So. 2d 12, 2005 WL 2243093

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1781829

Cited 23 times | Published

classifications of the habitual offender statute, section 775.084, if the trial court finds that the defendant

Rhodes v. State

704 So. 2d 1080, 1997 WL 799913

District Court of Appeal of Florida | Filed: Dec 30, 1997 | Docket: 1705903

Cited 23 times | Published

sentences on the burglary and grand theft charges. Section 775.084(5), Florida Statutes states that "[i]n order

Dunbar v. State

89 So. 3d 901, 37 Fla. L. Weekly Supp. 329, 2012 WL 1559762, 2012 Fla. LEXIS 884

Supreme Court of Florida | Filed: May 3, 2012 | Docket: 60308845

Cited 22 times | Published

terms, neither of which were required by law. See § 775.084(1 )(b), Fla. Stat. (1999) (" ‘Habitual violent

United States v. Laszek Krawczak

331 F.3d 1302, 2003 WL 21254919

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2003 | Docket: 397704

Cited 22 times | Published

imprisonment or as provided in § 775.082, § 775.083, or § 775.084, if, in the course of committing the offense,

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

082, a sentencing statute. Section 3: amends section 775.084 to redefine "habitual felony offender," to

State v. Hudson

698 So. 2d 831, 1997 WL 527893

Supreme Court of Florida | Filed: Aug 28, 1997 | Docket: 434414

Cited 21 times | Published

discretion extends to sentencing under both section 775.084(4)(a), Florida Statutes (1995), the habitual

Franke v. State

997 So. 2d 424, 2008 WL 4647416

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1377722

Cited 20 times | Published

first-degree felony is subject to habitualization. § 775.084(4)(a)(1); see also Harris v. State, 593 So.2d

Barnes v. State

576 So. 2d 758, 1991 WL 27195

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 470122

Cited 19 times | Published

"previously been convicted of two or more felonies." § 775.084(1)(a)1, Fla. Stat. (Supp. 1988). The trial court

State v. Brown

530 So. 2d 51, 1988 WL 61393

Supreme Court of Florida | Filed: Jun 16, 1988 | Docket: 1268397

Cited 19 times | Published

an ostensibly mandatory life penalty, see section 775.084(4)(a)1., Fla. Stat. (1985);[1]but see chapters

State v. Dickey

928 So. 2d 1193, 2006 WL 1041837

Supreme Court of Florida | Filed: Apr 20, 2006 | Docket: 1713890

Cited 18 times | Published

subsequent felony from five to ten years. See § 775.084(1)(a), (2), Fla. Stat. (1995). Accordingly, when

Arnold v. State

566 So. 2d 37, 1990 WL 121787

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547533

Cited 18 times | Published

under the amended habitual offender statute, section 775.084, Florida Statutes (Supp. 1988), violates his

Mills v. State

822 So. 2d 1284, 2002 WL 1338538

Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1757211

Cited 16 times | Published

terms did not apply to such felonies). As section 775.084 itself reflects, the Legislature has exempted

Smith v. Singletary

170 F.3d 1051, 1999 U.S. App. LEXIS 5046, 1999 WL 162461

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 395149

Cited 16 times | Published

er enhancement under Florida law, Fla. Stat. § 775.084(l)(b). The Florida court determined that Smith

Geohagen v. State

639 So. 2d 611, 1994 WL 286377

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1310332

Cited 16 times | Published

PROBATION, THE TRIAL COURT MUST (1) FIND PURSUANT TO § 775.084(4)(C) THAT A SENTENCE AS A HABITUAL OFFENDER WAS

Luton v. State

934 So. 2d 7, 2006 WL 335478

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1460943

Cited 15 times | Published

previously been convicted of an enumerated felony. See § 775.084(1)(b)1., Fla. Stat. (2002).[1] The defendant acknowledges

Walls v. State

765 So. 2d 733, 2000 WL 627661

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 428953

Cited 15 times | Published

sentenced as both a habitual felony offender under section 775.084(4)(a), Florida Statutes (1997), and as a prison

State v. Wilson

658 So. 2d 521, 1995 WL 392844

Supreme Court of Florida | Filed: Jul 6, 1995 | Docket: 1525088

Cited 15 times | Published

of intent to seek enhanced penalties under section 775.084, Florida Statutes (1993), the habitual felony

Johnson v. State

589 So. 2d 1370, 1991 WL 239930

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 1441569

Cited 15 times | Published

Chapter 89-280, Laws of Florida, which amended section 775.084, the habitual felony offender provision, violates

Perkins v. State

583 So. 2d 1103, 1991 WL 147147

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 1284387

Cited 15 times | Published

appellant presents a constitutional challenge to section 775.084, Florida Statutes (1989), under which he was

State v. Akins

69 So. 3d 261, 36 Fla. L. Weekly Supp. 215, 2011 Fla. LEXIS 1245, 2011 WL 2061070

Supreme Court of Florida | Filed: May 26, 2011 | Docket: 60302592

Cited 14 times | Published

understanding is entirely understandable. Nothing in section 775.084, Florida Statutes (1989) — the statute which

State v. Rinkins

646 So. 2d 727, 1994 WL 684004

Supreme Court of Florida | Filed: Dec 8, 1994 | Docket: 1713441

Cited 14 times | Published

SENTENCE AN HABITUAL FELONY OFFENDER UNDER SECTION 775.084(4)(a)(1), FLORIDA STATUTES (1991), TO A TERM

Irving v. State

627 So. 2d 92, 1993 WL 482185

District Court of Appeal of Florida | Filed: Nov 23, 1993 | Docket: 1752836

Cited 14 times | Published

II and sentence Mr. Charles Irving under Fla. Stat. 775.084(1)(b) as a habitual violent felony offender;

Burdick v. State

584 So. 2d 1035, 1991 WL 138126

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 466691

Cited 14 times | Published

had been convicted of a first degree felony. Section 775.084(4)(a), Florida Statutes (Supp. 1988), provides:

Richardson v. State

884 So. 2d 950, 2003 WL 21697171

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1281858

Cited 13 times | Published

conviction that is to be counted as a prior felony." § 775.084(5), Fla. Stat. (2002)(emphasis added). The supreme

Cook v. State

816 So. 2d 773, 2002 WL 959942

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 2578153

Cited 13 times | Published

of the sentence exceed those authorized by section 775.084 for the adjudicated offense, or (2) a prior

Hope v. State

766 So. 2d 343, 2000 WL 799346

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1329743

Cited 13 times | Published

of Intent to Habitualize in accordance with section 775.084(3)(b), Florida Statutes (1993), prior to entering

Cabal v. State

678 So. 2d 315, 1996 WL 316124

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1736997

Cited 13 times | Published

category. If the offender is sentenced under *318 section 775.084 (habitual offender), the maximum allowable

Tillman v. State

609 So. 2d 1295, 1992 WL 348298

Supreme Court of Florida | Filed: Nov 19, 1992 | Docket: 1473385

Cited 13 times | Published

habitual violent felony offender pursuant to section 775.084(1)(b), Florida Statutes (1989). In affirming

Greenlee v. State

591 So. 2d 310, 1991 WL 275550

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 410699

Cited 13 times | Published

pursuant to the habitual felony offender statute, § 775.084, Fla. Stat. (1989), contending that the trial

Smith v. State

574 So. 2d 1195, 1991 WL 19372

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 1729690

Cited 13 times | Published

was an habitual violent felony offender, see section 775.084(1)(b), Florida Statutes (1989), sentenced him

United States v. Santiago

601 F.3d 1241, 2010 U.S. App. LEXIS 6857, 2010 WL 1253554

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 2010 | Docket: 270337

Cited 12 times | Published

for habitual felony offenders, Fla. Stat. Ann. § 775.084. See United States v. Jefferson, 88 F.3d 240,

Stephens v. State

974 So. 2d 455, 2008 WL 160971

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1368200

Cited 12 times | Published

denominated Mr. Stephens a HFO pursuant to section 775.084(4)(a)(1), Florida Statutes (1995), and sentenced

Middleton v. State

721 So. 2d 792, 1998 WL 877636

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 1364602

Cited 12 times | Published

felony convictions entered November 30, 1992. See § 775.084(1)(a)2., Fla. Stat. (1993). Defendant acknowledges

Stanford v. State

706 So. 2d 900, 1998 WL 60409

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1682571

Cited 12 times | Published

2, 2911, 2912-2913, Laws of Fla. (codified at § 775.084(1)(a)3., Fla. Stat. (1993)). In the same year

McCoy v. State

598 So. 2d 169, 1992 WL 84173

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 1737477

Cited 12 times | Published

1989, appellant was subject to the amended section 775.084(1)(b), Florida Statutes (Supp. 1988), effective

Power v. State

568 So. 2d 511, 1990 WL 157594

District Court of Appeal of Florida | Filed: Oct 18, 1990 | Docket: 533662

Cited 12 times | Published

failed to make the factual findings required by section 775.084, Florida Statutes, we must vacate the habitual

Frumenti v. State

885 So. 2d 924, 29 Fla. L. Weekly Fed. D 2247

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1286841

Cited 11 times | Published

designated a habitual felony offender pursuant to section 775.084, Florida Statutes. Frumenti claims in his motion

O'NEAL v. State

862 So. 2d 91, 2003 WL 22715125

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 1762779

Cited 11 times | Published

offenses committed before 1995. The version of section 775.084, Florida Statutes (1989), in effect before

Smith v. State

742 So. 2d 352, 1999 WL 606451

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 1303087

Cited 11 times | Published

not satisfy the statutory requirements of section 775.084(1)(a), Fla. Stat. (1997). Bellamy v. State

Bover v. State

732 So. 2d 1187, 1999 WL 247206

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 1513338

Cited 11 times | Published

for each third-degree felony was ten years. See § 775.084(4)(a)3, Fla. Stat. (1993). Defendant was sentenced

Setzer v. State

575 So. 2d 747, 1991 WL 22979

District Court of Appeal of Florida | Filed: Feb 28, 1991 | Docket: 1444180

Cited 11 times | Published

adjudicate appellant as an habitual offender, § 775.084, Fla. Stat. (Supp. 1988). Appellant entered into

Setzer v. State

575 So. 2d 747, 1991 WL 22979

District Court of Appeal of Florida | Filed: Feb 28, 1991 | Docket: 1444180

Cited 11 times | Published

adjudicate appellant as an habitual offender, § 775.084, Fla. Stat. (Supp. 1988). Appellant entered into

Watson v. State

504 So. 2d 1267, 11 Fla. L. Weekly 2504

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 1511204

Cited 11 times | Published

sentence which appears to be mandated by F.S. § 775.084(4)(a) is not necessary for the protection of the

Ubilla v. State

8 So. 3d 1200, 2009 Fla. App. LEXIS 3408, 2009 WL 1066117

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1654725

Cited 10 times | Published

(count I) and grand theft (count II) in 1999. See § 775.084(1)(c), *1201 Fla. Stat. (1997). For the following

Washington v. State

895 So. 2d 1141, 2005 WL 292977

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1674324

Cited 10 times | Published

sentencing schemes under Florida Statutes section 775.084. The notice of intent states: COMES NOW the

Pankhurst v. State

796 So. 2d 618, 2001 WL 1129643

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1250013

Cited 10 times | Published

required to make a specific finding, pursuant to section 775.084(4)(c), that a sentence as a habitual offender

Summers v. State

747 So. 2d 987, 1999 WL 1043951

District Court of Appeal of Florida | Filed: Nov 19, 1999 | Docket: 1738986

Cited 10 times | Published

offender and sentenced him accordingly. See section 775.084, Fla. Stat. (1999). He was sentenced to forty

White v. State

666 So. 2d 895, 1996 WL 15521

Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 429155

Cited 10 times | Published

violent felony offender sentence may be imposed, section 775.084(1)(b)(1), Florida Statutes (1989), requires

Kirby v. State

625 So. 2d 51, 1993 WL 365851

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 1517534

Cited 10 times | Published

offender. This category was created in 1988 in section 775.084(1)(b), Florida Statutes (Supp. 1988). The wording

Suarez v. State

616 So. 2d 1067, 1993 WL 100295

District Court of Appeal of Florida | Filed: Apr 6, 1993 | Docket: 1383226

Cited 10 times | Published

to enhance appellant's sentence pursuant to section 775.084, Florida Statutes (1991). At the plea, appellant

State v. Allen

573 So. 2d 170, 1991 WL 3585

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 478729

Cited 10 times | Published

intention to seek an enhanced sentence under section 775.084, Florida Statutes (1989). The trial *171 court

State v. McMahon

94 So. 3d 468, 37 Fla. L. Weekly Supp. 259, 2012 WL 1123738, 2012 Fla. LEXIS 641

Supreme Court of Florida | Filed: Apr 5, 2012 | Docket: 60310893

Cited 9 times | Published

imposed in violation of the provisions of section 775.084(3), Florida Statutes (2008), which governs

Pryor v. State

48 So. 3d 159, 2010 Fla. App. LEXIS 17922, 2010 WL 4723042

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 2400184

Cited 9 times | Published

firearm by a violent career criminal pursuant to section 775.084(4)(d)1., Florida Statutes (2007), which requires

Mullins v. State

997 So. 2d 443, 2008 WL 5070254

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 56977

Cited 9 times | Published

with the provisions of Florida Statute 775.084(4). A minimum term as

Kiedrowski v. State

876 So. 2d 692, 2004 WL 1439685

District Court of Appeal of Florida | Filed: Jun 29, 2004 | Docket: 1245640

Cited 9 times | Published

shall not be eligible for release for 5 years." § 775.084(4)(b)(3), Fla. Stat. (1997). Thus, the mandatory

Woods v. State

807 So. 2d 727, 2002 WL 192011

District Court of Appeal of Florida | Filed: Feb 8, 2002 | Docket: 428481

Cited 9 times | Published

consider the text of the applicable statute. Section 775.084(1)(a), Florida Statutes (Supp.1996) provides

Hudson v. State

800 So. 2d 627, 2001 WL 1192222

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1683588

Cited 9 times | Published

mandatory term, pursuant to section 775.084(1), Florida Statutes (1998). Section 775.084(1)(c) allows the trial

Moore v. State

768 So. 2d 1140, 2000 WL 1224741

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 526802

Cited 9 times | Published

sentenced as a habitual offender in violation of section 775.084(3)(a)1, Florida Statutes. This statute provides

Lee v. State

731 So. 2d 71, 1999 WL 187043

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1409415

Cited 9 times | Published

sentence. At the time of Lee's sentencing, section 775.084, Florida Statutes (1993), set forth the criteria

Snead v. State

616 So. 2d 964, 1993 WL 102061

Supreme Court of Florida | Filed: Apr 8, 1993 | Docket: 1366899

Cited 9 times | Published

Ashley v. State, 614 So.2d 486 (Fla. 1993); § 775.084(3)(b), Fla. Stat. (1989).[5] The State did not

Gayman v. State

616 So. 2d 17, 1993 WL 32518

Supreme Court of Florida | Filed: Feb 11, 1993 | Docket: 1726609

Cited 9 times | Published

classification of each as a habitual offender under section 775.084, Florida Statutes (1989), based on their prior

Taylor v. State

558 So. 2d 1092, 1990 WL 33686

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 1359384

Cited 9 times | Published

discussed below. In 1988 the legislature amended section 775.084, the habitual offender statute, to define an

Johnson v. State

9 So. 3d 640, 2009 Fla. App. LEXIS 1955, 2009 WL 605414

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1667431

Cited 8 times | Published

nevertheless impose any term of years up to life. See § 775.084(4)(a), Fla. Stat. (1991). At that point, the court

Yasin v. State

896 So. 2d 875, 2005 WL 433604

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683592

Cited 8 times | Published

maximum sentences authorized by section 775.082, section 775.084, or the Criminal Punishment Code under chapter

Scanes v. State

876 So. 2d 1238, 2004 WL 1393579

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1671227

Cited 8 times | Published

a habitual felony offender pursuant to Florida Statute 775.084. The Court herein sentences the Defendant

Sampson v. State

832 So. 2d 251, 2002 WL 31729077

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1700006

Cited 8 times | Published

Much to the contrary of Sampson's argument, section 775.084(3)(a)6,[2] Florida Statutes, mandates an habitual

Mitchell v. State

780 So. 2d 282, 2001 WL 219354

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1298434

Cited 8 times | Published

as a habitual felony offender, pursuant to section 775.084(1), Florida Statutes (1999). We agree. Samuel

Fuston v. State

764 So. 2d 779, 2000 WL 986586

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 470368

Cited 8 times | Published

So.2d 1155, 1156 (Fla. 2d DCA 1992); see also § 775.084(4)(e) ("A sentence imposed under this section

Johnson v. State

763 So. 2d 283, 2000 WL 963171

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1278524

Cited 8 times | Published

felony offender on both counts pursuant to section 775.084, Florida Statutes (1995). Johnson appealed

Driver v. State

710 So. 2d 652, 1998 WL 171540

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1731603

Cited 8 times | Published

and was sentenced under Florida Statutes Section 775.084(4)(a), which allows the penalty for a second-degree

Jeffries v. State

610 So. 2d 440, 1992 WL 381739

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1413139

Cited 8 times | Published

requirement of the habitual offender statute, section 775.084(1)(a)2., Florida Statutes (1988 Supp.), that

Hodges v. State

596 So. 2d 481, 1992 WL 59215

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1707610

Cited 8 times | Published

robbery. He presents two arguments: (1) that Section 775.084, Florida Statutes (1989) (the habitual offender

Scott v. State

550 So. 2d 111, 1989 WL 112266

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 1718716

Cited 8 times | Published

appellant was a habitual offender pursuant to section 775.084, Florida Statutes (1977). This raised the statutory

Smith v. State

461 So. 2d 995, 10 Fla. L. Weekly 12

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 464513

Cited 8 times | Published

enhanced penalty under the habitual offender act, section 775.084, Florida Statutes. Smith elected to be sentenced

Grimmett v. State

357 So. 2d 461

District Court of Appeal of Florida | Filed: Apr 12, 1978 | Docket: 454045

Cited 8 times | Published

the trial court held a hearing pursuant to Section 775.084, Florida Statutes (1975) to determine whether

Andrews v. State

82 So. 3d 979, 2011 Fla. App. LEXIS 12729, 2011 WL 3558148

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2415618

Cited 7 times | Published

to Classify Defendant as a HVFO pursuant to section 775.084, Florida Statutes (2007). At trial, numerous

Ortiz v. State

9 So. 3d 774, 2009 Fla. App. LEXIS 6901, 2009 WL 1531634

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 60309092

Cited 7 times | Published

record waiver of the PSI by the defen*777dant. Section 775.084(3)(a)l., Florida Statutes (2007), provides:

Brinson v. State

995 So. 2d 1047, 2008 WL 4891109

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1285437

Cited 7 times | Published

officer (BOLEO) as a qualifying offense. See § 775.084(1)(d), Fla. Stat. (1999) (setting forth the definition

Gorham v. State

988 So. 2d 152, 2008 WL 2987160

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1384442

Cited 7 times | Published

violent career criminal (VCC) sentencing. See § 775.084(1)(d)1a, Fla. Stat.

Cameron v. State

807 So. 2d 746, 2002 WL 215356

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1750920

Cited 7 times | Published

Cameron habitualized as *747 either a VCC or HFO. § 775.084, Fla. Stat. (1999) The trial court may impose

Sampson v. State

798 So. 2d 824, 2001 WL 1334373

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1244805

Cited 7 times | Published

"imposition of an enhanced penalty pursuant to [section] 775.084[,] Florida Statutes." The defendant was sentenced

Weford v. State

784 So. 2d 1222, 2001 WL 387922

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1743996

Cited 7 times | Published

habitualization prior to the 1995 amendment to section 775.084, Florida Statutes (1993); 2) prior juvenile

Heggan v. State

745 So. 2d 1066, 1999 WL 1016048

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1689258

Cited 7 times | Published

Intention to Seek Enhanced Penalty pursuant to § 775.084 and Request for Order for Pre-Sentence Investigation

Whitfield v. Singletary

730 So. 2d 314, 1999 WL 68912

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1647843

Cited 7 times | Published

defendant as a habitual violent felony offender. See § 775.084(1)(b), Fla. Stat. (1989). It is true that the

Florczak v. State

712 So. 2d 467, 1998 WL 347099

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 336701

Cited 7 times | Published

habitual offender pursuant to Florida Statute § 775.084(4)(b) (1997). Because he was convicted of first

Rollins v. State

707 So. 2d 823, 1998 WL 75067

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 725101

Cited 7 times | Published

habitual offender sentence imposed pursuant to section 775.084(1)(a), Florida Statutes (1995) was inappropriate

Webster v. State

705 So. 2d 970, 1998 WL 27234

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 1577035

Cited 7 times | Published

sentenced as a habitual felony offender under section 775.084, Florida Statutes (1995), to ten years' imprisonment

Ridley v. State

702 So. 2d 559, 1997 WL 716780

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 460353

Cited 7 times | Published

penalties under the habitual offender statute, section 775.084, Florida Statutes (1995). Initially the trial

Ford v. State

652 So. 2d 1236, 1995 WL 147288

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 1518019

Cited 7 times | Published

that the sentence was imposed in violation of section 775.084(5), Florida Statutes (1993). The appellant

Herrington v. State

643 So. 2d 1078, 1994 WL 570631

Supreme Court of Florida | Filed: Oct 20, 1994 | Docket: 1493145

Cited 7 times | Published

MAKE THE REQUISITE STATUTORY FINDINGS UNDER SECTION 775.084(1)(a)1 AND 2 IS SUBJECT TO THE SAME HARMLESS

Seabrook v. State

629 So. 2d 129, 1993 WL 517406

Supreme Court of Florida | Filed: Dec 16, 1993 | Docket: 468699

Cited 7 times | Published

as a habitual felony offender pursuant to section 775.084, Florida Statutes (1989). The district court

Watkins v. State

622 So. 2d 1148, 1993 WL 310660

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 546605

Cited 7 times | Published

one of the qualifying offenses enumerated in Section 775.084(1)(b)(1), Florida Statutes (1991). We agree

Burrell v. State

610 So. 2d 594, 1992 WL 365317

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1734726

Cited 7 times | Published

whether Florida's habitual felony statute, section 775.084, Florida Statutes (1989), allows a sentencing

Burrell v. State

610 So. 2d 594, 1992 WL 365317

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1734726

Cited 7 times | Published

whether Florida's habitual felony statute, section 775.084, Florida Statutes (1989), allows a sentencing

Ellis v. State

608 So. 2d 514, 1992 WL 301320

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 1732468

Cited 7 times | Published

felonies under the habitual offender statute. § 775.084(4)(a)1, Fla. Stat. (1991). However, because the

Bernard v. State

571 So. 2d 560, 1990 WL 208858

District Court of Appeal of Florida | Filed: Dec 20, 1990 | Docket: 1173031

Cited 7 times | Published

JJ., concur. NOTES [1] § 775.084, Fla. Stat. (Supp. 1988). [2] Section 775.084(1)(a), Florida Statutes

Long v. State

558 So. 2d 1091, 1990 WL 33685

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 2449284

Cited 7 times | Published

(Fla. 5th DCA 1990). Long also contends that section 775.084 of the Habitual Felony Offender Act violates

Sims v. State

141 So. 3d 613, 2014 WL 2197543, 2014 Fla. App. LEXIS 8095

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241965

Cited 6 times | Published

for a life felony, committed at a time when section 775.084, Florida Statutes, did not provide for habitual

State v. Mason

979 So. 2d 301, 2008 WL 678657

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1714088

Cited 6 times | Published

followed by withheld adjudication. See, e.g., § 775.084(2), Fla. Stat. (2004) (defining "conviction" to

Moore v. State

944 So. 2d 1063, 2006 WL 2355515

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1649410

Cited 6 times | Published

offense enumerated in the applicable statute. See § 775.084(1)(d)1-6. The State cannot simply refer to evidence

Collins v. State

800 So. 2d 660, 2001 WL 1359114

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1683597

Cited 6 times | Published

statute. However, section 775.084(4)(b), Florida Statutes (1989), and section 775.084(4)(b), Florida Statutes

Spivey v. State

789 So. 2d 1087, 2001 WL 685780

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1696063

Cited 6 times | Published

imprisonment as a violent career criminal pursuant to section 775.084(4)(c), Florida Statutes (1999), on the aggravated

Robbinson v. State

784 So. 2d 1246, 2001 WL 514313

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744053

Cited 6 times | Published

regarding the defendant's prior felony convictions. § 775.084(1)(a), Fla. Stat. (1993).[2] Under Apprendi, those

Horn v. State

775 So. 2d 1007, 2001 WL 37718

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 793494

Cited 6 times | Published

the guidelines scoresheet is irrelevant. See § 775.084(4)(g), Fla.Stat. (1995); McKnight v. State, 773

State v. Jones

753 So. 2d 1276, 2000 WL 232292

Supreme Court of Florida | Filed: Mar 2, 2000 | Docket: 1729120

Cited 6 times | Published

thirty years. Record on Appeal at 390-91; accord § 775.084(4)(c), Fla. Stat. (1995) (setting forth permitted

Wilson v. State

752 So. 2d 1227, 2000 WL 192466

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 1682242

Cited 6 times | Published

penalties), section 775.083 (criminal fines) or section 775.084 (habitual offenders). However, effective October

Watson v. State

749 So. 2d 556, 2000 WL 24872

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690240

Cited 6 times | Published

sentenced as a violent career criminal pursuant to section 775.084(1)(c), Florida Statutes (1997). The State concedes

McFadden v. State

737 So. 2d 1073, 1999 WL 373919

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1709711

Cited 6 times | Published

CAN BE USED AS A QUALIFYING OFFENSE UNDER SECTION 775.084, FLORIDA STATUTES. McFadden v. State, 23 Fla

Bellamy v. State

712 So. 2d 409, 1998 WL 193237

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1737405

Cited 6 times | Published

conviction for a felony ..., whichever is later." § 775.084(1)(a) 2., Fla. Stat. (1995). The offense in this

Studnicka v. State

679 So. 2d 819, 1996 WL 460727

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 1215536

Cited 6 times | Published

habitual offender statute then in force. See § 775.084 (1981). There was no issue regarding the sentencing

King v. State

648 So. 2d 183, 1994 WL 697953

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 1342877

Cited 6 times | Published

constitutionality of section 775.084, Florida Statutes (1989). Section 775.084 was held constitutional

White v. State

618 So. 2d 354, 1993 WL 157813

District Court of Appeal of Florida | Filed: May 17, 1993 | Docket: 1376127

Cited 6 times | Published

discretion under section 775.084(4)(c) to classify and sentence him as such pursuant to section 775.084(1)(b) and

Miffin v. State

615 So. 2d 745, 1993 WL 40822

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 1185029

Cited 6 times | Published

sentence under the habitual offender statute. § 775.084, Fla. Stat. (1989). The supreme court has found

Jones v. State

606 So. 2d 709, 1992 WL 280772

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 132393

Cited 6 times | Published

offender sentences without finding, under section 775.084(1)(a)4., Florida Statutes (1989), that the

Toliver v. State

605 So. 2d 477, 1992 WL 193010

District Court of Appeal of Florida | Filed: Aug 14, 1992 | Docket: 1343072

Cited 6 times | Published

was an habitual felony offender, pursuant to section 775.084. We affirm. In this case, Toliver pled guilty

Rowland v. State

583 So. 2d 813, 1991 WL 155889

District Court of Appeal of Florida | Filed: Aug 14, 1991 | Docket: 2557737

Cited 6 times | Published

findings required by section 775.084(3)(d), Florida Statutes (1989). We agree. Section 775.084(3)(d) provides

Smith v. State

584 So. 2d 154, 1991 WL 150425

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1515225

Cited 6 times | Published

is 30 years when a defendant is habitualized. § 775.084(4)(a)2., Fla. Stat. (1987). Accordingly, the 10/5

Henry v. State

581 So. 2d 928, 1991 WL 98019

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 1683840

Cited 6 times | Published

found to be an habitual offender pursuant to section 775.084, Florida Statutes (Supp. 1988).[2] He does

Johnson v. State

576 So. 2d 916, 1991 WL 41046

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1669722

Cited 6 times | Published

habitual violent felony offender designation in section 775.084 as amended in 1988 [§ 775.084(4)(b)(3), Fla

Vicknair v. State

483 So. 2d 896, 11 Fla. L. Weekly 574

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 1511911

Cited 6 times | Published

relationship between the habitual offender act, section 775.084, Florida Statutes, and a guideline sentence

Bell v. State

382 So. 2d 107

District Court of Appeal of Florida | Filed: Mar 26, 1980 | Docket: 1444040

Cited 6 times | Published

enhanced penalty sentence upon the appellant. Fla. Stat. 775.084 (1979). We agree. The trial court failed

Smart v. State

124 So. 3d 347, 2013 WL 5663185, 2013 Fla. App. LEXIS 16638

District Court of Appeal of Florida | Filed: Oct 18, 2013 | Docket: 60235454

Cited 5 times | Published

classifying Mr. Smart as a habitual offender under section 775.084, Florida Statutes (1983). Because he was classified

Yisrael v. State

986 So. 2d 491, 2008 WL 450398

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1428493

Cited 5 times | Published

letter, Yisrael qualified as an HVFO under section 775.084, Florida Statutes (2001).[2] *494 Mr. Yisrael

Thomas v. State

983 So. 2d 746, 2008 WL 2356416

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756206

Cited 5 times | Published

described in s. 776.08.'" Id. at 214 (quoting section 775.084(1)(d)1., Fla. Stat.). Section 776.08 defines

Davenport v. State

971 So. 2d 293, 33 Fla. L. Weekly Fed. D 230

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446408

Cited 5 times | Published

sentencing a defendant as an HFO and PRR. See § 775.084(1)(a)2.a., Fla. Stat. (2007); see also Boyd v

Sanders v. State

912 So. 2d 1286, 2005 WL 2897052

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1755557

Cited 5 times | Published

Maximum HFO sentencing: Life imprisonment. § 775.084(4)(a)(1). ___B. The defendant is guilty of Attempted

Collins v. State

893 So. 2d 592, 2004 WL 2952855

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1720804

Cited 5 times | Published

prior convictions met the requirements of section 775.084(5), Florida Statutes (2001), which provides

Cala v. State

854 So. 2d 840, 2003 WL 22187427

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 1459717

Cited 5 times | Published

in section 776.08 of the Florida Statutes. See § 775.084(1)(d), Fla. Stat. (2003) (defining a violent career

Cala v. State

854 So. 2d 840, 2003 WL 22187427

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 1459717

Cited 5 times | Published

in section 776.08 of the Florida Statutes. See § 775.084(1)(d), Fla. Stat. (2003) (defining a violent career

Gutierrez v. State

854 So. 2d 218, 2003 WL 21697204

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 2546651

Cited 5 times | Published

applies only to the most recent predicate felony. § 775.084(1)(a)2.b., Fla. Stat. (1997). So long as one of

Harris v. State

849 So. 2d 449, 2003 WL 21658188

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 543611

Cited 5 times | Published

qualify the appellant for sentencing under Section 775.084(1)(d), Florida Statutes (2000). Rodriguez v

Smith v. State

842 So. 2d 1047, 2003 WL 1916746

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1440327

Cited 5 times | Published

imposed if the procedural requirements of section 775.084, Florida Statutes (1997) are not followed,

Grant v. State

815 So. 2d 667, 2002 WL 449848

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 2539205

Cited 5 times | Published

(1)(a), Fla. Stat. (1999), respectively. [2] § 775.084, Fla. Stat. (1999). [3] Although we reverse in

Oberst v. State

796 So. 2d 1263, 2001 WL 1230747

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1249774

Cited 5 times | Published

this case is not proper. A HFO is defined in section 775.084(1)(a), Florida Statutes (1999), and a VCC is

Smith v. State

771 So. 2d 1189, 2000 WL 1513771

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 1700991

Cited 5 times | Published

identity, following the procedure employed under section 775.084, Florida Statutes, where the burden of proving

Render v. State

742 So. 2d 503, 1999 WL 817822

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 2577867

Cited 5 times | Published

was committed during such probationary period." § 775.084(2), Fla. Stat. (1995) (emphasis added). In appellant's

Floyd v. State

739 So. 2d 1241, 1999 WL 599240

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 2527568

Cited 5 times | Published

Florida Statutes (1991). He was sentenced under section 775.084, Florida Statutes (1991), as a habitual offender

Ishmael v. State

735 So. 2d 509, 1999 WL 247208

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1728491

Cited 5 times | Published

1993, the effective date of an amendment to section 775.084, Florida Statutes (1993), which proscribes

May v. State

713 So. 2d 1087, 1998 WL 396213

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1732625

Cited 5 times | Published

were sentenced separately from each other. See § 775.084(1)(a)1., (5), Fla. Stat. (1995). In the first

State v. Meyers

708 So. 2d 661, 1998 WL 158880

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 541871

Cited 5 times | Published

State argues that the sentencing provisions of section 775.084(1)(c), Florida Statutes (1995) provide for

State v. Kennedy

698 So. 2d 349, 1997 WL 471846

District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 434405

Cited 5 times | Published

1996) (citations and footnotes omitted). Section 775.084(4)(d), Florida Statutes (1995), provides that

Bond v. State

675 So. 2d 184, 1996 WL 273512

District Court of Appeal of Florida | Filed: May 24, 1996 | Docket: 2449400

Cited 5 times | Published

appeal is that under the amended statute, section 775.084(5), Florida Statutes (1993), in effect on the

Williams v. State

667 So. 2d 914, 1996 WL 47674

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 469835

Cited 5 times | Published

offender is not authorized by Florida Statute § 775.084(1)(a), (3) (1993) because that section does not

Hill v. State

652 So. 2d 904, 1995 WL 119228

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 1518103

Cited 5 times | Published

released in accordance with the provisions of section 775.084(4), Florida Statutes (1991). Green v. State

Brown v. State

609 So. 2d 730, 1992 WL 355384

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1738266

Cited 5 times | Published

We agree. The habitual offender statute, section 775.084, Florida Statutes, was amended in 1989, to

Baxter v. State

599 So. 2d 721, 1992 WL 112129

District Court of Appeal of Florida | Filed: May 27, 1992 | Docket: 1483845

Cited 5 times | Published

prior felony record for habitualization under section 775.084(1)(a)1-2, namely two or more felonies, with

Lamont v. State

597 So. 2d 823, 1992 WL 26462

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1704778

Cited 5 times | Published

provisions of the habitual felony offender statute, Section 775.084, Florida Statutes (1989) [hereafter the "Act"]

Massey v. State

589 So. 2d 336, 1991 WL 226462

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 1441289

Cited 5 times | Published

enhancement was not served upon him as required by section 775.084(3)(b), Florida Statutes.[1] For the reason

Parrish v. State

571 So. 2d 97, 1990 WL 205443

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 319092

Cited 5 times | Published

sentenced as a habitual felony offender under section 775.084, Florida Statutes (Supp. 1988), based upon

Hall v. State

510 So. 2d 979, 12 Fla. L. Weekly 1630

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 1754361

Cited 5 times | Published

Walker v. State, 473 So.2d 694 (1st DCA 1985) and F.S. 775.084(4)(a)1. 3. The defendant had only been released

Meehan v. State

397 So. 2d 1214

District Court of Appeal of Florida | Filed: May 8, 1981 | Docket: 1357706

Cited 5 times | Published

him sentenced as a habitual offender under section 775.084, Florida Statutes (1979). Meehan pled nolo

Jacobs v. State

162 So. 3d 29, 2014 Fla. App. LEXIS 7642, 2014 WL 2100805

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60247470

Cited 4 times | Published

mandatory minimum required by the HVFO statute. § 775.084(4)(b)l., Fla. Stat. (1995). This court affirmed

Wiley v. State

125 So. 3d 235, 2013 WL 692412, 2013 Fla. App. LEXIS 3197

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60235803

Cited 4 times | Published

habitual felony offender, which, pursuant to section 775.084(4)(a)l., provided that “[t]he court ... may

Bynes v. State

127 So. 3d 556, 2012 WL 5500335, 2012 Fla. App. LEXIS 19727

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60236747

Cited 4 times | Published

offenses are not enumerated by the VCC statute. See § 775.084(l)(d), Fla. Stat. (2002) (enumerating qualifying

CURI v. State

36 So. 3d 853, 2010 Fla. App. LEXIS 7618, 2010 WL 2178771

District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 2563977

Cited 4 times | Published

sentenced as a violent career criminal, we affirm. § 775.084(1)(d)(a), Fla. Stat. (2003); § 776.08, Fla. Stat

SOANES v. State

31 So. 3d 914, 2010 Fla. App. LEXIS 4213, 2010 WL 1222574

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647629

Cited 4 times | Published

life in prison as a violent career criminal. Section 775.084(3)(c)5., Florida Statutes (2008), provides

Lamb v. State

32 So. 3d 117, 2009 Fla. App. LEXIS 16879, 2009 WL 3787321

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 689043

Cited 4 times | Published

the violent career criminal (VCC) statute, section 775.084(1)(d). Concluding that it could not, the supreme

Raines v. State

14 So. 3d 244, 2009 Fla. App. LEXIS 3969, 2009 WL 1162777

District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 1158528

Cited 4 times | Published

made any of the determinations required by section 775.084(3), Florida Statutes (1989). Most significantly

Cribbs v. State

978 So. 2d 828, 2008 WL 681342

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 30073

Cited 4 times | Published

felony" that qualifies for VCC sentencing. See § 775.084(1)(d)(1)(a), Fla. Stat. (2001) (stating that a

Dinkens v. State

976 So. 2d 660, 2008 WL 657250

District Court of Appeal of Florida | Filed: Mar 13, 2008 | Docket: 1679871

Cited 4 times | Published

intercourse. The defendant also argues that section 775.084, Florida Statutes (2006), the habitual felony

Yisrael v. State

993 So. 2d 952, 33 Fla. L. Weekly Supp. 577, 2008 Fla. LEXIS 223, 2008 WL 5083515

Supreme Court of Florida | Filed: Feb 21, 2008 | Docket: 64856305

Cited 4 times | Published

letter, Yisrael qualified as an HVFO under section 775.084, Florida Statutes (2001).2 Mr. Yisrael did

Suarez v. State

974 So. 2d 451, 2008 WL 140824

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1717822

Cited 4 times | Published

conviction which would qualify him as an HVFO. See § 775.084(1)(b), Fla. Stat. (1991); Suarez, 808 So.2d at

Romeo v. State

965 So. 2d 197, 2007 WL 2428505

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1509018

Cited 4 times | Published

sentenced as a Violent Career Criminal (VCC). See § 775.084(1)(c), Fla. Stat. (1997).[*] The defendant filed

Johnson v. State

927 So. 2d 251, 2006 WL 1196466

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 2532126

Cited 4 times | Published

Johnson as a habitual felony offender (HFO), see § 775.084(1), Fla. Stat. (1999), to thirty years in prison

Roberts v. State

923 So. 2d 578, 2006 WL 733787

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1496606

Cited 4 times | Published

the habitual felony offender provisions of section 775.084 have been labeled as sentencing enhancement

Westberry v. State

906 So. 2d 1141, 2005 WL 1398622

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1346609

Cited 4 times | Published

satisfy the sequential sentencing requirement of section 775.084(5), Florida Statutes (2004). See Bover v. State

Reese v. State

899 So. 2d 428, 2005 WL 766517

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1705715

Cited 4 times | Published

intent to seek an enhanced penalty pursuant to section 775.084, Florida Statutes, was insufficient notice

Akers v. State

890 So. 2d 1257, 2005 WL 119474

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1288990

Cited 4 times | Published

of a submission on behalf of the defendant." § 775.084(3)(a)2., Fla. Stat. (2002). The provision requiring

Willits v. State

884 So. 2d 73, 2004 WL 735857

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 1443294

Cited 4 times | Published

as a habitual felony offender pursuant to section 775.084, Florida Statutes (1993). All sentences were

Teal v. State

862 So. 2d 871, 2003 WL 22955945

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1763142

Cited 4 times | Published

predicate for habitualization pursuant to section 775.084(5), Florida Statutes (2002). We disagree. As

Edison v. State

848 So. 2d 498, 2003 WL 21536701

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1133829

Cited 4 times | Published

prior felony convictions. § 775.084(5), Fla. Stat. (2000). Under section 775.084(5), the sentencing for

New v. State

807 So. 2d 52, 2001 WL 1546562

Supreme Court of Florida | Filed: Dec 6, 2001 | Docket: 1505390

Cited 4 times | Published

mandatory sentence of ten years pursuant to section 775.084(4)(b).[1] Subsequent *53 to the imposition

Morss v. State

795 So. 2d 262, 2001 WL 1142030

District Court of Appeal of Florida | Filed: Sep 28, 2001 | Docket: 1252030

Cited 4 times | Published

or supervision for a prior felony offense. See § 775.084(1)(a)2.a., Fla. Stat. (1999); see also Sanders

State v. Wilson

793 So. 2d 1003, 26 Fla. L. Weekly Fed. D 1573

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1267060

Cited 4 times | Published

greater sentence of incarceration pursuant to section 775.084, Florida Statutes (1997), or "any other provision

Kenon v. State

780 So. 2d 258, 2001 WL 173298

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1298604

Cited 4 times | Published

as a minimum fifteen-year term based upon section 775.084(4)(b), Florida Statutes (1997). However, it

Malone v. State

777 So. 2d 449, 2001 WL 109135

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 462286

Cited 4 times | Published

prior felony offense, whichever is later. See § 775.084(1)(a), Fla.Stat. (1997); see also Smith v. State

Roberts v. State

776 So. 2d 1034, 2001 WL 77002

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 2558112

Cited 4 times | Published

necessary requisite record evidence required under section 775.084(1)(a), Florida Statutes (1999). See Boyd v

Johnson v. State

765 So. 2d 914, 2000 WL 1206271

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 428956

Cited 4 times | Published

for an enumerated felony, whichever is later. § 775.084(1)(b)2 b, Fla. Stat. (1997) (emphasis added).

Sanchez v. State

765 So. 2d 246, 2000 WL 1114123

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 1522905

Cited 4 times | Published

change. Compare ch. 95-182, § 2, Laws of Fla., and § 775.084(4)(j)1, Fla. Stat. (1995) ("A defendant sentenced

King v. State

763 So. 2d 546, 2000 WL 1033058

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 1681683

Cited 4 times | Published

because appellant is an habitual felony offender. § 775.084, Fla. Stat. (1997). Appellant cites Oliveira v

Tiger v. State

764 So. 2d 824, 2000 WL 1022320

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 225085

Cited 4 times | Published

violent offender sentencing provisions of section 775.084, Florida Statutes (1995). Appellant was sentenced

State v. Bell

747 So. 2d 1028, 1999 WL 1221650

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 238611

Cited 4 times | Published

intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes (1997). Bell pled no contest

Knapp v. State

741 So. 2d 1150, 1999 WL 629937

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 453164

Cited 4 times | Published

mandatory term when sentencing a defendant under section 775.084(4)(b), Florida Statutes (1993). Although that

Hudson v. State

682 So. 2d 657, 1996 WL 637275

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1680874

Cited 4 times | Published

violent felony offender statute. See Fla.Stat. § 775.084(4)(1995). The state and the defendant had agreed

Belton v. State

673 So. 2d 880, 1996 WL 124685

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 2576865

Cited 4 times | Published

offender sentence for possession of cocaine. See § 775.084(1)(a)3., Fla.Stat. (1993); Perez v. State, 647

Hightower v. State

630 So. 2d 1220, 1994 WL 17157

District Court of Appeal of Florida | Filed: Jan 21, 1994 | Docket: 418696

Cited 4 times | Published

habitual violent felony offender pursuant to section 775.084, Florida Statutes (1989). We reverse because

Gholston v. State

589 So. 2d 307, 1990 WL 205450

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 1730508

Cited 4 times | Published

appellant to be a habitual felony offender under Section 775.084, Florida Statutes. As to Counts I through IV

Bohannon v. State

546 So. 2d 1081, 1989 WL 62758

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1731109

Cited 4 times | Published

extended term under the habitual offender law, section 775.084, Florida Statutes (1987). With this contention

White v. State

481 So. 2d 1258, 11 Fla. L. Weekly 174

District Court of Appeal of Florida | Filed: Jan 8, 1986 | Docket: 548320

Cited 4 times | Published

the defendant was an habitual offender under section 775.084, Florida Statutes (1983). See McCuiston v.

State v. Villafane

444 So. 2d 71

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 1510716

Cited 4 times | Published

criminal statute is involved. Now found at Section 775.084, that statute provides more severe penalties

Jeffrey M. Parenti v. State

225 So. 3d 949, 2017 WL 3567501, 2017 Fla. App. LEXIS 11859

District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143766

Cited 3 times | Published

EDWARDS, JJ., concur. 1 . See § 775.084(1)(a), Fla. Stat. (2011). 2 . The

State v. Harris

129 So. 3d 1166, 2014 WL 54789, 2014 Fla. App. LEXIS 177

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237317

Cited 3 times | Published

that the trial court was required to review section 775.084, Florida Statutes (1999) to decide if Harris

Moore v. State

17 So. 3d 878, 2009 Fla. App. LEXIS 13575, 2009 WL 2913911

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 2506835

Cited 3 times | Published

sentenced as an habitual felony offender. See § 775.084(4)(a)2., Fla. Stat. (2008) (defendant sentenced

Lewis v. State

16 So. 3d 1021, 2009 Fla. App. LEXIS 12896, 2009 WL 2840553

District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 31849

Cited 3 times | Published

sentenced ... in accordance with the provisions of section 775.084(4)(a), Florida Statutes." Additionally, immediately

Starkes v. State

10 So. 3d 1109, 2009 Fla. App. LEXIS 3358, 2009 WL 981327

District Court of Appeal of Florida | Filed: Apr 14, 2009 | Docket: 1642629

Cited 3 times | Published

sentence imposed for possession of cocaine. See § 775.084(l)(a)3., Fla. Stat. (2006) (authorizing sentencing

Betty v. State

7 So. 3d 586, 2009 Fla. App. LEXIS 1948, 2009 WL 605409

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1225148

Cited 3 times | Published

could be sentenced up to thirty years in prison. § 775.084(4)(a)2., Fla. Stat. (1989). Because his sentence

Jones v. State

988 So. 2d 15, 2008 WL 2312623

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1722195

Cited 3 times | Published

drug offenses of possession with intent to sell. § 775.084(1)(a)(3), Fla. Stat. (2003); Burgess v. State

Ingram v. State

943 So. 2d 325, 2006 WL 3613744

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1526844

Cited 3 times | Published

offender is designated a habitual felony offender. § 775.084(4)(a)3, Fla. Stat. (2003). The trial court did

Molfetto v. State

942 So. 2d 967, 2006 WL 3422067

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1471819

Cited 3 times | Published

imprisonment as a violent career criminal pursuant to section 775.084(4)(c), Florida Statutes (Supp.1998). Thereafter

Bennett v. State

904 So. 2d 447, 2005 WL 957632

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 2570766

Cited 3 times | Published

satisfy the sequential sentencing requirement of section 775.084(5), Florida Statutes (2004). The circuit court

Pope v. State

884 So. 2d 328, 2004 WL 2008199

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1282120

Cited 3 times | Published

criminal sentencing under section 775.084(1)(d), the provisions of section 775.084(4)(d)(1) applied, requiring

Frazier v. State

877 So. 2d 838, 2004 WL 1506160

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684428

Cited 3 times | Published

imprisonment for this first degree felony. See § 775.084(4)(c)1., Fla. Stat. (1997). Since this life sentence

Spikes v. State

851 So. 2d 252, 2003 WL 21749522

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1425386

Cited 3 times | Published

and sentenced as a violent career criminal. See § 775.084(1)(c), Fla. Stat. (Supp.1996).[*] In his motion

Irons v. State

851 So. 2d 798, 2003 WL 21713693

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 2524107

Cited 3 times | Published

prison as a habitual felony offender under section 775.084, Florida Statutes (1999). The trial court also

Woody v. State

847 So. 2d 566, 2003 WL 21343486

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 2574953

Cited 3 times | Published

have been counted as qualifying offenses. See § 775.084(1)(d)1.a., Fla. Stat. (1999).[*] We have rejected

Brooks v. State

837 So. 2d 1125, 2003 WL 355412

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1527459

Cited 3 times | Published

offense on which to base enhancement under section 775.084(1)(b), Florida Statutes (2000). We agree and

Wright v. State

834 So. 2d 879, 2002 WL 31507095

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 1329039

Cited 3 times | Published

years, with a mandatory minimum of ten years. § 775.084(4)(b)2., Fla. Stat. (1991). Thus the defendant

Yates v. State

823 So. 2d 273, 2002 WL 1815899

District Court of Appeal of Florida | Filed: Aug 9, 2002 | Docket: 458663

Cited 3 times | Published

(Fla. 2d DCA 1998). [2] See § 775.084(3), Fla. Stat. (1994). [3] § 775.084(4)(c), Fla. Stat. (1994).

Rutherford v. State

820 So. 2d 407, 2002 WL 1368737

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 2545804

Cited 3 times | Published

the sequential convictions requirement of section 775.084(5), Florida Statutes (Supp. 1996). Rutherford

Cameron v. State

807 So. 2d 744, 2002 WL 215030

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1750785

Cited 3 times | Published

intent to have Cameron habitualized as an HFO. § 775.084, Fla. Stat. (1999). Sentencing *745 was commenced

Pitts v. State

805 So. 2d 1087, 2002 WL 125620

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 1669672

Cited 3 times | Published

offender term provided that the requirements of section 775.084, Florida Statutes (1993) and Ashley are met

Hollingsworth v. State

802 So. 2d 1210, 2002 WL 21949

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 2557217

Cited 3 times | Published

conviction for a felony or other qualified offense." § 775.084(1)(a)2, Fla. Stat. (1993). The trial court correctly

Alix v. State

799 So. 2d 359, 2001 WL 1359209

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1278382

Cited 3 times | Published

penalties" to a qualifying offense in this state. See § 775.084(1)(e), Fla. Stat. (2001). Sexual battery is a

Tunsil v. State

797 So. 2d 651, 2001 WL 1266231

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1359293

Cited 3 times | Published

mandatory minimum term of fifteen years. Id. § 775.084(4)(b)1. By motion to correct illegal sentence

Iman v. State

784 So. 2d 1265, 2001 WL 567608

District Court of Appeal of Florida | Filed: May 29, 2001 | Docket: 303703

Cited 3 times | Published

under the habitual felony offender statute, section 775.084(1)(a), (4)(a), Florida Statutes (1999), and

Smith v. Moore

782 So. 2d 955, 2001 WL 345199

District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 456555

Cited 3 times | Published

sentenced as a habitual offender pursuant to section 775.084(1)(a)2., Florida Statutes (1993), because he

Freeman v. State

773 So. 2d 110, 2000 WL 1838087

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 2568634

Cited 3 times | Published

sentence Freeman as an habitual offender under section 775.084(1)(a). The trial court granted Freeman relief

James v. State

775 So. 2d 347, 25 Fla. L. Weekly Fed. D 2383

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 1667928

Cited 3 times | Published

to habitual felony offender enhancement. See § 775.084(4)(a), Fla. Stat. (1993); Lamont v. State, 610

Hubbard v. State

773 So. 2d 87, 2000 WL 1250780

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 1291711

Cited 3 times | Published

imposed under the 1989 amended version of section 775.084, which the Florida Supreme Court found unconstitutional

Guion v. State

753 So. 2d 628, 2000 WL 217528

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 1433945

Cited 3 times | Published

as an habitual violent offender pursuant to section 775.084, Florida Statutes (1997). Guion asserts that

Welling v. State

748 So. 2d 314, 1999 WL 993156

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1505153

Cited 3 times | Published

defendant qualified as a habitual offender under section 775.084, Florida Statutes, but declared that a habitual

Landreth v. State

739 So. 2d 1198, 1999 WL 550681

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 2558490

Cited 3 times | Published

So.2d 274 (Fla. 2d DCA 1994). Regardless, section 775.084(1)(c) requires that the defendant have at least

Oliver v. State

734 So. 2d 1083, 1999 WL 71373

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1730893

Cited 3 times | Published

1993, the same date on which an amendment to section 775.084 proscribing habitual offender sentencing for

McFadden v. State

732 So. 2d 335, 1998 WL 716703

District Court of Appeal of Florida | Filed: Oct 15, 1998 | Docket: 1513368

Cited 3 times | Published

provisions of the habitual offender statute, section 775.084, state: (1) As used in this act: (a) "Habitual

Newell v. State

714 So. 2d 434, 1998 WL 306758

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 461578

Cited 3 times | Published

discretion extends to sentencing under both section 775.084(4)(a), Florida Statutes (1995), the habitual

Hampton v. State

711 So. 2d 200, 1998 WL 241285

District Court of Appeal of Florida | Filed: May 15, 1998 | Docket: 1337768

Cited 3 times | Published

incorrect and therefore must be stricken. See § 775.084, Fla. Stat. (1995). On count II, aggravated fleeing

Speights v. State

711 So. 2d 167, 1998 WL 236186

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1337608

Cited 3 times | Published

listed predicate offense for an HVFO sentence. See § 775.084(1)(b), Fla. Stat. (1997). In Watkins v. State

Golden v. State

703 So. 2d 1207, 1997 WL 795540

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1348755

Cited 3 times | Published

violent felony offender ("HVFO") pursuant to section 775.084(4)(b)1, Florida Statutes (1993). On the grand

Grene v. State

702 So. 2d 510, 1996 WL 252248

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 460215

Cited 3 times | Published

with intent to sell within 1000' of a school. Section 775.084(1)(a)(3), Florida Statutes (1995), allows enhanced

State v. Geohagen

633 So. 2d 22, 1993 WL 410693

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 1707757

Cited 3 times | Published

The issue raised by the state is whether section 775.084, Florida Statutes, authorizes sentences of

Herrington v. State

622 So. 2d 1339, 1993 WL 217135

District Court of Appeal of Florida | Filed: Sep 1, 1993 | Docket: 546876

Cited 3 times | Published

failed to make findings of fact required by section 775.084(1)(a) 1 & 2, Florida Statutes (1991). We conclude

Reeves v. State

612 So. 2d 560, 1992 WL 354262

Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 383497

Cited 3 times | Published

being of great public importance: 1. Does section 775.084, Florida Statutes (1989), authorize habitual

Raulerson v. State

609 So. 2d 1301, 1992 WL 348313

Supreme Court of Florida | Filed: Nov 25, 1992 | Docket: 427028

Cited 3 times | Published

validity of the habitual offender statute, section 775.084(1)(b), Florida Statutes (1989). Raulerson was

Johnson v. State

597 So. 2d 353, 1992 WL 74901

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1350992

Cited 3 times | Published

court failed to make the findings required by section 775.084(1)(a), Florida Statutes (1989), we vacate the

Johnson v. State

597 So. 2d 353, 1992 WL 74901

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1350992

Cited 3 times | Published

court failed to make the findings required by section 775.084(1)(a), Florida Statutes (1989), we vacate the

Anderson v. State

592 So. 2d 1119, 1991 WL 259462

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 2535568

Cited 3 times | Published

been pardoned or set aside, as required by section 775.084(1)(a)3. and 4., Florida Statutes (1989). Anderson

Walsingham v. State

576 So. 2d 365, 1991 WL 29490

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 1242411

Cited 3 times | Published

intention to seek an enhanced sentence under section 775.084, Florida Statutes (1988), the habitual offender

Ruth v. State

574 So. 2d 225, 1991 WL 6302

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 1437201

Cited 3 times | Published

otherwise comply with the applicable statute. § 775.084(1), Florida Statutes (1987).[4] At the sentencing

Smith v. State

573 So. 2d 194, 1991 WL 4348

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 1190623

Cited 3 times | Published

required statutory findings as defined by Section 775.084(1)(a), Florida Statutes (1989), before sentencing

Lee v. State

410 So. 2d 182

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1518486

Cited 3 times | Published

sentenced as a habitual offender pursuant to section 775.084, Florida Statutes (1979), deserve mention.

Moore v. State

343 So. 2d 601

Supreme Court of Florida | Filed: Feb 25, 1977 | Docket: 1303986

Cited 3 times | Published

Petitioner was sentenced as a recidivist under Section 775.084, Florida Statutes (1973), to a prison term

WILLIE SOL v. STATE OF FLORIDA

268 So. 3d 749

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485182

Cited 2 times | Published

in accordance with the provisions of section 775.084(4)(a), Florida Statutes. The requisite

Mel R. Williams v. State

249 So. 3d 721

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7172921

Cited 2 times | Published

criminal pursuant to section 775.084, Florida Statutes (2017). Under section 775.084, a trial court “shall

RONNIE TRAY ATMORE v. STATE OF FLORIDA

242 So. 3d 1201

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356568

Cited 2 times | Published

of five years, a point we do not dispute. See § 775.084(4)(a)(3), Fla. Stat. (2015) (providing that a

Cox v. State

221 So. 3d 723, 2017 Fla. App. LEXIS 7806, 2017 WL 2350130

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067560

Cited 2 times | Published

convictions were not sequential as required by section 775.084(5). 3 However, in his negotiated

McAffee v. State

208 So. 3d 747, 2016 Fla. App. LEXIS 15530

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 60258566

Cited 2 times | Published

PER CURIAM. Affirmed. See § 775.084(4)(e), Fla. Stat. (1993); Duncan v. Moore, 754 So.2d 708 (Fla.2000);

Peek v. State

143 So. 3d 1101, 2014 WL 3756387, 2014 Fla. App. LEXIS 11761

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60242261

Cited 2 times | Published

greater than the statutory maximum. We agree. Section 775.084(4)(a) does not mandate the imposition of a

Smith v. State

126 So. 3d 397, 2013 WL 5925076, 2013 Fla. App. LEXIS 17585

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60236433

Cited 2 times | Published

remained eligible for incentive gain time. See § 775.084(4)(e), Fla. Stat. (1994) (“A defendant sentenced

Taylor v. State

120 So. 3d 213, 2013 WL 4482967, 2013 Fla. App. LEXIS 13456

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233953

Cited 2 times | Published

sentence for Count 2, a third degree felony. Section 775.084(l)(a)3., Florida Statutes, does not allow enhanced

Brown v. State

113 So. 3d 134, 2013 WL 2232321, 2013 Fla. App. LEXIS 8167, 38 Fla. L. Weekly Fed. D 1145

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231450

Cited 2 times | Published

and enhanced sentences for Brown pursuant to section 775.084, Florida Statutes, based on two prior felony

Cotto v. State

89 So. 3d 1025, 2012 WL 1934438, 2012 Fla. App. LEXIS 8621

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308484

Cited 2 times | Published

five-and-one-half years. Id. at 523. However, under section 775.084(4)(b), Florida Statutes (1991), because Hale

Flint v. State

84 So. 3d 469, 2012 Fla. App. LEXIS 5565, 2012 WL 1193406

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 2582207

Cited 2 times | Published

in prison as a habitual felony offender, see § 775.084(4)(a), Fla. Stat. (2006), for the burglary; it

Ponton v. State

73 So. 3d 70, 36 Fla. L. Weekly Supp. 322, 2011 Fla. LEXIS 1520, 2011 WL 2566381

Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 2353294

Cited 2 times | Published

jurisdiction. See art. V, § 3(b)(3), Fla. Const. Section 775.084, Florida Statutes (1993),[1] entitled in pertinent

Dixon v. State

41 So. 3d 990, 2010 Fla. App. LEXIS 11278, 2010 WL 3023270

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1668339

Cited 2 times | Published

for an enumerated felony, whichever is later." § 775.084(1)(d)3.b., Fla. Stat. (2008) (emphasis added)

Booth v. State

18 So. 3d 1142, 2009 Fla. App. LEXIS 13781, 2009 WL 2970402

District Court of Appeal of Florida | Filed: Sep 18, 2009 | Docket: 1233146

Cited 2 times | Published

qualified as a habitual felony offender ("HFO"). See § 775.084(4)(a), Fla. Stat. (2006). Finally, Florida's 10-20-life

Moore v. State

12 So. 3d 1275, 2009 Fla. App. LEXIS 9741, 2009 WL 2068124

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 2586124

Cited 2 times | Published

applicable to Moore contains the same language. See § 775.084(3)(a)2., Fla. Stat. (2007).

Williams v. State

10 So. 3d 1116, 2009 Fla. App. LEXIS 3257, 2009 WL 1024585

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1642600

Cited 2 times | Published

sentence, however, is an enhanced sentence. See § 775.084, Fla. Stat. (2008). Thus, under the reasoning

Hamilton v. State

996 So. 2d 964, 2008 WL 5391926

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1692377

Cited 2 times | Published

concurrent[1] habitual felony offender sentences. See § 775.084, Fla. Stat. (2004). Our supreme court has held

Atterbury v. State

991 So. 2d 980, 2008 WL 4330256

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1724900

Cited 2 times | Published

principle guides our resolution of this case. Section 775.084(1)(a)2.b., Florida Statutes, permits the imposition

Williams v. State

994 So. 2d 337, 2008 WL 2986502

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1666910

Cited 2 times | Published

an enhanced sentence[1] filed pursuant to section 775.084, Florida Statutes (1993), and after reviewing

Mullins v. State

970 So. 2d 376, 2007 WL 3085164

District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1695487

Cited 2 times | Published

mandatory as a violent career criminal pursuant to Section 775.084(4)(d)3, *377 Florida Statutes (2001), as well

Jones v. State

964 So. 2d 855, 2007 WL 2713545

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1260124

Cited 2 times | Published

holding that only one recidivist category in section 775.084, Florida Statutes (2002),[1] may be applied

Hernandez v. State

960 So. 2d 816, 2007 WL 1827225

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1726276

Cited 2 times | Published

sentence as a "violent career criminal" under section 775.084(1)(d), Florida Statutes (1999). This argument

Parrish v. State

954 So. 2d 63, 2007 WL 910331

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 2566856

Cited 2 times | Published

recidivism statutes such as our HFO statute, section 775.084, Florida Statutes. McBride v. State, 884 So

Campbell v. State

949 So. 2d 1093, 2007 WL 403551

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 1374429

Cited 2 times | Published

to have the defendant classified as a VCC. See § 775.084(1)(d), Fla. Stat. (2000).[1] The State had to

Rogers v. State

944 So. 2d 513, 2006 WL 3733845

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649451

Cited 2 times | Published

not one of the enumerated felonies found in section 775.084(1)(b), Florida Statutes, the statute controlling

Debuisson v. State

947 So. 2d 531, 2006 WL 3734408

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 2572584

Cited 2 times | Published

as a habitual violent felony offender under section 775.084(1)(b), Florida Statutes (1998), which requires

McCoy v. State

942 So. 2d 919, 2006 WL 2987114

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 1736919

Cited 2 times | Published

enumerated predicate felony for the HVFO statute. § 775.084(1)(b)(1)(g), Fla. Stat. (2002). Because aggravated

Atterbury v. State

940 So. 2d 498, 2006 WL 2956291

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 2576800

Cited 2 times | Published

requirement of the habitual offender statute. § 775.084(5), Fla. Stat. (2004). However, affirmance is

Baker v. State

941 So. 2d 419, 2006 WL 2787984

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 431746

Cited 2 times | Published

offender sentencing is imposed pursuant to section 775.084 as an exception to the general penalties in

Smith v. State

935 So. 2d 1223, 2006 WL 2268265

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 2548396

Cited 2 times | Published

defendant's release from a prison sentence...." § 775.084(1)(b)2.b., Fla. Stat. (Supp. 1996). The trial

Coleman v. State

927 So. 2d 1048, 2006 WL 1235917

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 2569438

Cited 2 times | Published

on the two counts of possession of cocaine. Section 775.084(1)(a)(3), Florida Statutes (2003), precludes

McNair v. State

920 So. 2d 111, 2006 WL 162755

District Court of Appeal of Florida | Filed: Jan 24, 2006 | Docket: 1730654

Cited 2 times | Published

State, 797 So.2d 1246, 1248-49 (Fla.2001). Section 775.084(1)(a)1., Florida Statutes (1995), requires

Mesa v. State

934 So. 2d 523, 2005 WL 3055785

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1182218

Cited 2 times | Published

applied the rule of lenity and concluded that "section 775.084 is ambiguous about whether multiple recidivist

Royal v. State

908 So. 2d 1167, 2005 WL 2016949

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 2568581

Cited 2 times | Published

intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes (1995), provided Royal with

Demosthenes v. State

907 So. 2d 646, 2005 WL 1762184

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 204954

Cited 2 times | Published

under the habitual felony offender statute, section 775.084, Florida Statutes. We certify direct conflict

Cooley v. State

901 So. 2d 271, 2005 WL 957949

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1850378

Cited 2 times | Published

comport with the mandatory sentencing scheme in section 775.084(4)(b); and (3) the appellant may not be resentenced

State v. Del Castillo

890 So. 2d 376, 2004 WL 2955012

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 2552660

Cited 2 times | Published

probation was not a sentence. The State appeals. Section 775.084, Florida Statutes, sets forth the criteria

Love v. State

886 So. 2d 276, 2004 WL 2482591

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 1721282

Cited 2 times | Published

offense, did not meet the requirements of section 775.084(5), Florida Statutes (2003). He claims that

Clines v. State

881 So. 2d 721, 2004 WL 2047365

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 1748657

Cited 2 times | Published

Tallahassee, for Appellee. KAHN, J. Does section 775.084, Florida Statutes (2002), authorize the trial

Reed v. State

880 So. 2d 1269, 2004 WL 1933367

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1689300

Cited 2 times | Published

to the offenses and convictions in 91-13007. § 775.084(1)(b)(2), Fla. Stat.(Supp.1988). Motion for rehearing

Molfetto v. State

874 So. 2d 668, 2004 WL 1057830

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1473568

Cited 2 times | Published

qualify to be sentenced as a VCC pursuant to section 775.084(4)(c), Florida Statutes (1999), because the

Wallen v. State

877 So. 2d 737, 2004 WL 912417

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1285273

Cited 2 times | Published

was found to be a violent felony offender. See § 775.084(4)(b)3, Fla. Stat. (1991). While Wallen agreed

Gordon v. Moore

832 So. 2d 880, 2002 WL 31757585

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 902435

Cited 2 times | Published

the "sequential convictions" requirement of section 775.084, Florida Statutes (1993). See Bover v. State

Tyler v. State

826 So. 2d 1103, 2002 WL 31202121

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 117958

Cited 2 times | Published

not permitted for possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (Supp.1998); Washington v

Tyler v. State

826 So. 2d 1103, 2002 WL 31202121

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 117958

Cited 2 times | Published

not permitted for possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (Supp.1998); Washington v

Benjamin v. State

814 So. 2d 530, 2002 WL 716899

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 2542369

Cited 2 times | Published

qualify him for HVFO designation pursuant to Florida Statute 775.084 (1997). In addition, the only prior felony

Ford v. State

814 So. 2d 1121, 2002 WL 494745

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 303429

Cited 2 times | Published

convictions were all imposed on the same day. Section 775.084(5) provides: "In order to be counted as a prior

Martin v. State

795 So. 2d 143, 2001 WL 984863

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 240263

Cited 2 times | Published

is permissible for a first degree felony. See § 775.084(4)(a), Fla. Stat. (1989). Defendant argues that

Walters v. State

790 So. 2d 483, 2001 WL 627433

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 2347830

Cited 2 times | Published

sentencing as a violent career criminal pursuant to section 775.084(1)(d) and (4)(d), Florida Statutes. At sentencing

Schneider v. State

788 So. 2d 1073, 2001 WL 557629

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 1286469

Cited 2 times | Published

numbers 90-998 and 90-250. He argues that under section 775.084(2), Florida Statutes (1989),[1] his youthful

Barnhill v. State

788 So. 2d 313, 2001 WL 564205

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1286731

Cited 2 times | Published

version of the habitual offender statute. Section 775.084(1)(a)1, Florida Statutes (1977) provides that

Taylor v. State

778 So. 2d 464, 2001 WL 137359

District Court of Appeal of Florida | Filed: Feb 20, 2001 | Docket: 1144940

Cited 2 times | Published

should not have been summarily denied. See section 775.084(1)(a)2 b, Florida *465 Statutes (1997); Johnson

Pitts v. State

766 So. 2d 1191, 2000 WL 1298770

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1697765

Cited 2 times | Published

event of a trial, prior to sentencing. As Section 775.084(3)(a)2, Florida Statutes (1997) states: Written

Brown v. State

756 So. 2d 230, 2000 WL 483725

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 471078

Cited 2 times | Published

Criminal Act, ch. 95-182, Laws of Fla. (amending section 775.084, Florida Statutes) is unconstitutional as a

Richardson v. Moore

754 So. 2d 64, 2000 WL 256179

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1523596

Cited 2 times | Published

qualifying HVO offenses was aggravated battery. See § 775.084(1)(b)1.k., Fla. Stat. (1989). On the basis of

Hamilton v. State

746 So. 2d 512, 1999 WL 1111649

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1714915

Cited 2 times | Published

as a habitual felony offender pursuant to section 775.084, Florida Statutes. In that context, this court

Thompson v. State

706 So. 2d 1361, 23 Fla. L. Weekly Fed. D 260

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 1682569

Cited 2 times | Published

noticed." Thompson then entered his pleas. Section 775.084(3)(b), Florida Statutes (1993), provides, "Written

Ellis v. State

703 So. 2d 1186, 1997 WL 786475

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1703964

Cited 2 times | Published

the possession of a controlled substance." See § 775.084(1)(a)3, Fla. Stat. (1993); Barber v. State, 699

State v. Ferguson

691 So. 2d 578, 1997 WL 169538

District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 732103

Cited 2 times | Published

criminal under section 775.084(1)(c) is not necessary for the protection of the public. See § 775.084(3)(b).

Collins v. State

687 So. 2d 919, 1997 WL 34862

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1371060

Cited 2 times | Published

intent to seek sentencing enhancement under section 775.084, Florida Statutes (1993), the trial court imposed

Batista v. State

685 So. 2d 20, 1996 WL 667874

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1415150

Cited 2 times | Published

sentenced as a Habitual Offender pursuant to Florida Statute 775.084. Certified copies of his priors have been

Daniels v. State

679 So. 2d 354, 1996 WL 502115

District Court of Appeal of Florida | Filed: Sep 6, 1996 | Docket: 1215676

Cited 2 times | Published

him to be an habitual offender pursuant to section 775.084, Florida Statutes (1993), and imposing a lien

Bell v. State

637 So. 2d 941, 1994 WL 208355

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 410687

Cited 2 times | Published

pursuant to the habitual felony offender statute, § 775.084, Fla. Stat. (1991), contending that the trial

Cooper v. State

625 So. 2d 1326, 1993 WL 452254

District Court of Appeal of Florida | Filed: Nov 8, 1993 | Docket: 474090

Cited 2 times | Published

as an habitual felony offender pursuant to section 775.084(1)(a), Florida Statutes (1991), on the basis

Rice v. State

622 So. 2d 1129, 1993 WL 306727

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 1528954

Cited 2 times | Published

making all of the findings of fact required by section 775.084(1)(b), Florida Statutes (1991). Because we

Rankin v. State

620 So. 2d 1028, 1993 WL 169700

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 1388052

Cited 2 times | Published

offender. In so doing the trial court applied section 775.084(1)(a), Florida Statutes (1989), which permitted

Brown v. State

616 So. 2d 1137, 1993 WL 113304

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1385428

Cited 2 times | Published

pursuant to the habitual offender statute, section 775.084, Florida Statutes (1987). In Ashley, the court

Green v. State

614 So. 2d 1198, 1993 WL 53147

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1356326

Cited 2 times | Published

offender without considering a PSI as required by section 775.084(3)(a), and 3) trial counsel was ineffective

Robinson v. State

614 So. 2d 21, 1993 WL 36281

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 180007

Cited 2 times | Published

findings under the habitual offender statute. See § 775.084(1)(a), Fla. Stat. (1991). Therefore, we reverse

Moore v. State

608 So. 2d 926, 1992 WL 332748

District Court of Appeal of Florida | Filed: Nov 18, 1992 | Docket: 1449505

Cited 2 times | Published

(1989). Because the habitual offender statute, section 775.084, makes no provision for the enhancement of

Perkowski v. State

605 So. 2d 498, 1992 WL 211706

District Court of Appeal of Florida | Filed: Sep 2, 1992 | Docket: 1343068

Cited 2 times | Published

violent felony offender under Florida Statute Section 775.084(1)(b), since he could not have been convicted

Van Bryant v. State

602 So. 2d 582, 1992 WL 109966

District Court of Appeal of Florida | Filed: May 27, 1992 | Docket: 1321508

Cited 2 times | Published

habitual offender classification set forth in section 775.084(1)(a)3. and 4. as affirmative defenses, which

Hicks v. State

595 So. 2d 976, 1992 WL 36303

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 1298921

Cited 2 times | Published

appellant objects. According to appellant, Section 775.084(4)(d), Florida Statutes (1989), prohibits the

Tito v. State

593 So. 2d 284, 1992 WL 9705

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 446349

Cited 2 times | Published

requirement of two prior convictions was not met. § 775.084(1), Fla. Stat. (1989). As noted above, the appellant

Tims v. State

592 So. 2d 741, 1992 WL 3683

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 1428748

Cited 2 times | Published

constitutionality of the Habitual Felony Offender Act, Section 775.084, Florida Statutes, and to distinguish this

Johnson v. State

573 So. 2d 178, 1991 WL 3572

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 2575563

Cited 2 times | Published

making him ineligible for release for five years. § 775.084(4)(b)(3), Fla. Stat. (Supp. 1988). The habitual

Akbar v. State

570 So. 2d 1047, 1990 WL 188961

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 1704118

Cited 2 times | Published

contends that the habitual offender statute, Section 775.084, Florida Statutes (Supp. 1988), is unconstitutionally

Sellers v. State

559 So. 2d 378, 1990 WL 38699

District Court of Appeal of Florida | Filed: Apr 6, 1990 | Docket: 1751435

Cited 2 times | Published

appellant as a habitual offender pursuant to section 775.084, Florida Statutes (1987). The sentence, ten

Eichhorn v. State

386 So. 2d 604

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 1518448

Cited 2 times | Published

exposed to the enhanced punishment provision, section 775.084, Florida Statutes (1979). The defendant made

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

those enhancements, has not been raised. See § 775.084(4)(h), Fla. Stat. (2005) ("A sentence imposed

M.G. v. State

260 So. 3d 1094

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 64699929

Cited 1 times | Published

petitioner was convicted of an offense listed in section 775.084(1)(b)1., and, because M.G. was charged but

LENIST KEY v. STATE OF FLORIDA

254 So. 3d 1000

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804262

Cited 1 times | Published

enhanced punishment as a habitual offender under section 775.084); Flanders v. State, 217 So. 3d 160, 161 (Fla

Michael Ryan Baugh v. State of Florida

253 So. 3d 761

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741304

Cited 1 times | Published

under section 775.084(3)(a)3., Florida Statutes, that argument is without merit. Section 775.084(3)(a)

Justin Rashad Howard v. State of Florida

245 So. 3d 962

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379295

Cited 1 times | Published

prior conviction for an enumerated felony. See § 775.084(1)(b)1., Fla. Stat. (2009). An out-of-state conviction

JESSIE WILLIAMS v. STATE OF FLORIDA

244 So. 3d 1173

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368586

Cited 1 times | Published

Williams as a habitual felony offender, see § 775.084, to thirty years' imprisonment for each count

Alvarez v. State

230 So. 3d 625

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229132

Cited 1 times | Published

Intention to Seek Enhanced Penalty Pursuant to F.S. 775.084, stating that Alvarez qualified for an enhanced

Timothy Hampton v. State

217 So. 3d 1096, 2017 WL 1372099, 2017 Fla. App. LEXIS 5111

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099883

Cited 1 times | Published

provisions that apply to habitualized offenders. See § 775.084(4)(k)l., Fla. Stat. (2011). Thus, incentivized

Clieve W. Lake v. State of Florida

199 So. 3d 978, 2016 WL 3092696, 2016 Fla. App. LEXIS 8337

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071368

Cited 1 times | Published

cocaine. However, that is authorized under section 775.084(l)(a)3., Florida Statutes (2015). See

State v. Revenel

184 So. 3d 629, 2016 Fla. App. LEXIS 1406, 2016 WL 403207

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033842

Cited 1 times | Published

as a “three-time violent felony offender.” Section 775.084 of the Florida Statutes provides, inter alia

United States v. Antone T. Adams

815 F.3d 1291, 2016 WL 125271

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 2016 | Docket: 3027346

Cited 1 times | Published

punishable as provided in § 775.082, § 775.083, or § 775.084. (2) Any person who willfully flees or

United States v. Antone T. Adams

815 F.3d 1291, 2016 WL 125271

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 2016 | Docket: 3027346

Cited 1 times | Published

punishable as provided in § 775.082, § 775.083, or § 775.084. (2) Any person who willfully flees or

Lavario Ray v. State of Florida

177 So. 3d 1040

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3010221

Cited 1 times | Published

with intent to sell. This claim has merit, as section 775.084(l)(a)(3), Florida Statutes (2004), does not

Lavario Ray v. State of Florida

177 So. 3d 1040

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3010221

Cited 1 times | Published

with intent to sell. This claim has merit, as section 775.084(l)(a)(3), Florida Statutes (2004), does not

Richard Leroy Hayes v. State of Florida

150 So. 3d 249

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310317

Cited 1 times | Published

felony offender (“HFO”) status, pursuant to section 775.084(l)(a), Florida Statutes. The statutory maximum

Josue Cotto v. State of Florida

139 So. 3d 283, 39 Fla. L. Weekly Supp. 327, 2014 WL 1923697, 2014 Fla. LEXIS 1626

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57381

Cited 1 times | Published

violent felony offender (HVFO) provision of section 775.084, Florida Statutes, cannot run consecutively

Simpson v. State

138 So. 3d 538, 2014 WL 1686431, 2014 Fla. App. LEXIS 6216

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240704

Cited 1 times | Published

for a third-degree felony sentenced as a VCC. § 775.084(4)(d)3., Fla. Stat. (2002). He raises several

Johnson v. State

137 So. 3d 518, 2014 WL 1301444, 2014 Fla. App. LEXIS 4783

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240340

Cited 1 times | Published

“qualified offense” under the HFO statute. Section 775.084(l)(e), Florida Statutes (2002), provides: (e)

Powell v. State

133 So. 3d 594, 2014 WL 784260, 2014 Fla. App. LEXIS 2660

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238829

Cited 1 times | Published

as a habitual violent felony offender under section 775.084(4)(b), Florida Statutes (2012), and a violent

Fisher v. State

129 So. 3d 468, 2014 WL 28103, 2014 Fla. App. LEXIS 98

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237410

Cited 1 times | Published

three or more times for [a qualifying] offense.” § 775.084(l)(d)(l)(a), Fla. Stat. (2009). Burglary qualifies

Williams v. State

129 So. 3d 453, 2014 WL 26033, 2014 Fla. App. LEXIS 95

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237404

Cited 1 times | Published

both a habitual felony offender (HFO) under section 775.084(l)(a), Florida Statutes (2011), and a prison

Wallace v. State

128 So. 3d 139, 2013 WL 5951700, 2013 Fla. App. LEXIS 17854

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236992

Cited 1 times | Published

be sentenced as a habitual offender under section 775.084, Florida Statutes (2006). She was also eligible

Wallace v. State

128 So. 3d 139, 2013 WL 5951700, 2013 Fla. App. LEXIS 17854

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236992

Cited 1 times | Published

be sentenced as a habitual offender under section 775.084, Florida Statutes (2006). She was also eligible

Armstrong v. State

98 So. 3d 779, 2012 Fla. App. LEXIS 18068, 2012 WL 4897392

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312573

Cited 1 times | Published

he qualified for enhanced sentencing under section 775.084, Florida Statutes. We accept the State’s concession

Bayson v. State

126 So. 3d 1176, 2012 WL 3587004, 2012 Fla. App. LEXIS 14006

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60236212

Cited 1 times | Published

1993 cases. He claims that the State violated section 775.084(5), Florida Statutes, the sequential sentencing

Turner v. State

91 So. 3d 219, 2012 WL 2327728, 2012 Fla. App. LEXIS 9867

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60309846

Cited 1 times | Published

qualifies under the habitual offender statute. § 775.084(l)(a), Fla. Stat. (2011).1 The statute governing

Sadler v. State

112 So. 3d 498, 2012 WL 1592172, 2012 Fla. App. LEXIS 7186

District Court of Appeal of Florida | Filed: May 8, 2012 | Docket: 60231126

Cited 1 times | Published

interpreted the habitual felony offender statute, section 775.084(5), Florida Statutes (1993),1 which has operative

Jordan v. State

83 So. 3d 910, 2012 WL 634364, 2012 Fla. App. LEXIS 3138

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60306532

Cited 1 times | Published

qualified as a habitual violent offender under section 775.084(4), Florida Statutes (1994), and sentenced

Stanford v. State

69 So. 3d 1039, 2011 Fla. App. LEXIS 14650, 2011 WL 4104984

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2354184

Cited 1 times | Published

of a submission on behalf of the defendant." § 775.084(3)(a)2, Fla. Stat. (2007). In Ashley v. State

Shelton v. Secretary, Department of Corrections

802 F. Supp. 2d 1289, 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 65975126

Cited 1 times | Published

Habitual Felony Offender pursuant to Fla. Stat. § 775.084 and sentenced to eighteen years in prison. (Dkt

Cesar v. State

65 So. 3d 1139, 2011 Fla. App. LEXIS 11359, 2011 WL 2848668

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 60301631

Cited 1 times | Published

habitual violent felony offender sentencing. § 775.084(1)(b), Fla. Stat. (2004); see also State v. Richardson

Castellanos v. State

62 So. 3d 1292, 2011 Fla. App. LEXIS 10156, 2011 WL 2555697

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2363442

Cited 1 times | Published

or more felonies prior to the current offense. § 775.084(1)(a), Fla. Stat. (1996). The prior felony "must

Butler v. State

93 So. 3d 328, 2011 WL 8183044

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60310543

Cited 1 times | Published

enumerated offenses, including forcible felonies. § 775.084(1)(d)(1)(a), Fla. Stat. (2002) (emphasis added)

Gallegos v. State

62 So. 3d 1236, 2011 Fla. App. LEXIS 8947, 2011 WL 2341397

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2326909

Cited 1 times | Published

habitual felony offender (HFO) sentences. *1238 See § 775.084(4)(a)(3), Fla. Stat. (2008). In case number 08-15691

McDuffie v. State

63 So. 3d 824, 2011 Fla. App. LEXIS 6428, 2011 WL 1705596

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2554653

Cited 1 times | Published

protection of the public before imposing it. See § 775.084(3)(a)6., Fla. Stat. (2000). Therefore, the order

Griggs v. State

60 So. 3d 495, 2011 Fla. App. LEXIS 5871

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60300233

Cited 1 times | Published

PER CURIAM. Affirmed. See § 775.084(l)(b)l.d., Fla. Stat. (2002).

Kalogeras v. State

58 So. 3d 889, 2011 Fla. App. LEXIS 1859, 2011 WL 479998

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60299538

Cited 1 times | Published

the violent career criminal (VCC) statute, section 775.084(l)(d), Florida Statutes. Just as false imprisonment

Clark v. State

54 So. 3d 1033, 2011 Fla. App. LEXIS 547, 2011 WL 222316

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60298211

Cited 1 times | Published

guilt shall be treated as a prior conviction.” § 775.084(2), Fla. Stat. (2000); see also ch. 99-188, §

Jackson v. State

50 So. 3d 1153, 2010 Fla. App. LEXIS 18310, 2010 WL 4861756

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2542408

Cited 1 times | Published

motion to correct his sentence, claiming that section 775.084(5), Florida Statutes, requires two prior felony

Wright v. State

48 So. 3d 926, 2010 Fla. App. LEXIS 17925, 2010 WL 4705104

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 2562665

Cited 1 times | Published

a habitual felony offender sentence under section 775.084), receded from on other grounds in Carter v

Carter v. State

67 So. 3d 242, 2010 Fla. App. LEXIS 17178, 2010 WL 4484628

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302077

Cited 1 times | Published

ten-year minimum mandatory sentence required by section 775.084(4)(b), nor did it seek the ten-year minimum

Vance v. State

42 So. 3d 965, 2010 Fla. App. LEXIS 13412, 2010 WL 3516012

District Court of Appeal of Florida | Filed: Sep 10, 2010 | Docket: 390412

Cited 1 times | Published

for the offense of possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (2007); Bass v. State, 894

Donaldson v. State

41 So. 3d 332, 2010 Fla. App. LEXIS 10527, 2010 WL 2813480

District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 60295212

Cited 1 times | Published

officer is not an enumerated felony under section 775.084(l)(b), Florida Statutes (2000). To support

CHOCTAW v. State

37 So. 3d 988, 2010 Fla. App. LEXIS 9762, 2010 WL 2634416

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 462144

Cited 1 times | Published

for the offense of possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (2008); Bass v. State, 894

Lunardi v. State

39 So. 3d 364, 2010 Fla. App. LEXIS 8246, 2010 WL 2326068

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 60294870

Cited 1 times | Published

sentence was increased to a maximum of life. § 775.084(4)(a)1., Fla. Stat. (2008). Courts are free to

Dougherty v. State

33 So. 3d 732, 2010 Fla. App. LEXIS 3908, 2010 WL 1131447

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1649844

Cited 1 times | Published

and reverse for resentencing on that count. Section 775.084, Florida Statutes (1999), sets forth the criteria

State v. Hewitt

21 So. 3d 914, 2009 Fla. App. LEXIS 16844, 2009 WL 3790178

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 1655672

Cited 1 times | Published

or making the required findings pursuant to section 775.084(3)(a), Florida Statutes (2008). We dismiss

Benjamin v. State

20 So. 3d 945, 2009 Fla. App. LEXIS 14601, 2009 WL 3101106

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1640086

Cited 1 times | Published

sentence under any other applicable portion of section 775.084, Florida Statutes (2001). Reversed, VCC sentence

Turner v. State

16 So. 3d 284, 2009 Fla. App. LEXIS 12515, 2009 WL 2601622

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1773543

Cited 1 times | Published

basis for the imposition of an HFO sentence. See § 775.084(1)(a)3., Fla. Stat. (2003). We thus affirm the

Baker v. State

12 So. 3d 281, 2009 Fla. App. LEXIS 6551, 2009 WL 1490689

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 60233784

Cited 1 times | Published

the maximum penalty doubled to thirty years. § 775.084(4)(a)2., Fla. Stat. (2007). In addition to requiring

Elliott v. State

9 So. 3d 660, 2009 Fla. App. LEXIS 2844, 2009 WL 873546

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1231581

Cited 1 times | Published

it may enhance the sentences as provided by section 775.084(4)(a), Florida Statutes (2006), but the sentences

Sims v. State

997 So. 2d 1166, 2008 WL 5156633

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1721077

Cited 1 times | Published

Adjudication as an HVFO was permissible. See id. § 775.084(4)(b)a; Burdick v. State, 594 So.2d 267, 271 (Fla

Wright v. State

992 So. 2d 911, 2008 WL 4682599

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1723217

Cited 1 times | Published

receive an enhanced sentence as an HVFO. See id.; § 775.084(1)(b), (4)(b), Fla. Stat. (1995). [3] The sentencing

Prince v. State

991 So. 2d 1036, 2008 WL 4566794

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1134990

Cited 1 times | Published

cocaine is not a qualifying offense under section 775.084(1)(b)1., Florida Statutes (2003). See Brooks

Hall v. State

991 So. 2d 999, 2008 WL 4414323

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 303761

Cited 1 times | Published

See § 944.47(1)(a)(4), Fla. Stat. (1997), and § 775.084(1)(a)3, Fla. Stat. (Supp.1998). FARMER, STEVENSON

Bryant v. State

991 So. 2d 999, 2008 WL 4414362

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 2551935

Cited 1 times | Published

violent career criminal (VCC) pursuant to section 775.084(1)(c), Florida Statutes (1997), for the offense

Seward v. State

990 So. 2d 655, 2008 WL 4147576

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1426128

Cited 1 times | Published

qualify for sentencing under the VCC statute. § 775.084(1)(d)1, Fla. Stat. (1999). If appellant was not

Cooper v. State

989 So. 2d 691, 2008 WL 2908015

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 285175

Cited 1 times | Published

follows with respect to 1995 amendment to section 775.084, the habitual offender statute: "Where a trial

Smith v. State

985 So. 2d 704, 2008 WL 2695089

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 447904

Cited 1 times | Published

sentence as long as all the requirements of section 775.084, Florida Statutes are met. State v. Collins

Lee v. State

984 So. 2d 1280, 2008 WL 2547495

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 557599

Cited 1 times | Published

habitual violent felony offender sentencing. See § 775.084, Fla. Stat. (1996). The trial court summarily

Bunch v. State

976 So. 2d 1190, 2008 WL 731751

District Court of Appeal of Florida | Filed: Mar 20, 2008 | Docket: 310473

Cited 1 times | Published

predicate convictions that were not sequential. See § 775.084(5), Fla. Stat. (2000); Bover v. State, 797 So

Bunch v. State

976 So. 2d 1190, 2008 WL 731751

District Court of Appeal of Florida | Filed: Mar 20, 2008 | Docket: 310473

Cited 1 times | Published

predicate convictions that were not sequential. See § 775.084(5), Fla. Stat. (2000); Bover v. State, 797 So

Johnson v. State

977 So. 2d 661, 2008 WL 441960

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2564894

Cited 1 times | Published

violent career criminal (VCC) pursuant to section 775.084(1)(d), Florida Statutes (2000). After a hearing

Winthrop v. State

974 So. 2d 512, 2008 WL 268934

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 841744

Cited 1 times | Published

reversed. This court has held that "lplursuant to section 775.084(1)(a)(3), Florida Statutes (1995), a defendant

Rudolph v. State

968 So. 2d 633, 2007 WL 3120457

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 133140

Cited 1 times | Published

2d 73, 74 (Fla. 2d DCA 2004) (noting that "section 775.084 does not authorize any fines"), and Rudolph

Lindquist v. State

968 So. 2d 606, 2007 WL 2811603

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 177023

Cited 1 times | Published

imposed in accordance with the provisions of section 775.084(4)(b). If that were the case, the thirty-year

Lindquist v. State

968 So. 2d 606, 2007 WL 2811603

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 177023

Cited 1 times | Published

imposed in accordance with the provisions of section 775.084(4)(b). If that were the case, the thirty-year

Williams v. State

958 So. 2d 529, 2007 WL 1610419

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1734815

Cited 1 times | Published

(1991), because defendant was sentenced under section 775.084, which does not authorize any fines, and directing

Arce v. State

946 So. 2d 645, 2007 WL 162541

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 801604

Cited 1 times | Published

is not clear from the transcript provided. See § 775.084(1)(a)2 (2006), Fla. Stat. Without a clear release

Damiano v. State

944 So. 2d 516, 2006 WL 3733311

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 335867

Cited 1 times | Published

classification in accordance with then applicable section 775.084(4)(b), Florida *517 Statutes (1993). Damiano

Pavlac v. State

944 So. 2d 1064, 2006 WL 2355507

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1649624

Cited 1 times | Published

if he qualifies as a habitual felony offender. § 775.084, Fla. Stat. (2003). Habitual felony offender sentencing

MacAluso v. State

912 So. 2d 694, 2005 WL 2806662

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 1649731

Cited 1 times | Published

fell outside the five-year time frame under section 775.084(1)(a), Florida Statutes (1995). The postconviction

Butts v. State

898 So. 2d 1082, 2005 WL 662707

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 315784

Cited 1 times | Published

that the general notice of enhancement under section 775.084, Florida Statutes (1999), filed in his case

Cook v. State

893 So. 2d 653, 2005 WL 357002

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 541434

Cited 1 times | Published

qualified prior convictions. § 775.084(1)(d), Fla. Stat. (2002). Section 775.084(5) also requires: "In order

Souza v. State

889 So. 2d 952, 2004 WL 2923049

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488693

Cited 1 times | Published

driving under the influence of alcohol. Briefly, section 775.084(1)(b)(1), Florida Statutes (1989), indicated

Perry v. State

892 So. 2d 1062, 29 Fla. L. Weekly Fed. D 2624

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 471839

Cited 1 times | Published

rule that the "sequential" requirements of section 775.084(5) were not met by the 1999 offense. We disagree

Barrs v. State of Florida

883 So. 2d 846, 2004 Fla. App. LEXIS 12171, 2004 WL 1845687

District Court of Appeal of Florida | Filed: Aug 19, 2004 | Docket: 2556539

Cited 1 times | Published

by his habitual felony offender sentence. See § 775.084(4)(j), Fla. Stat. (2002). Finally, the appellant

Rivera v. State

877 So. 2d 787, 2004 WL 1462284

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 1684431

Cited 1 times | Published

imposed as a result of the prior felony. See § 775.084(1)(a), Fla. Stat. (2002). In order to constitute

Klauer v. State

873 So. 2d 555, 2004 WL 1123346

District Court of Appeal of Florida | Filed: May 21, 2004 | Docket: 1451758

Cited 1 times | Published

pursuant to section 775.084(1)(c), Florida Statutes (1991). Pursuant to section 775.084(1)(a) 1., Florida

Bynes v. State

854 So. 2d 289, 2003 Fla. App. LEXIS 14372, 2003 WL 22187578

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64824997

Cited 1 times | Published

must be sentenced as a violent career criminal. § 775.084(l)(d), Fla. Stat. (2001). Under section 776.08

Burgess v. State

854 So. 2d 754, 2003 WL 22023656

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 2578425

Cited 1 times | Published

of a controlled substance with intent to sell. § 775.084(1)(a)3, Fla. Stat. (1999); Brown v. State, 744

Kuzminski v. State

848 So. 2d 1229, 2003 WL 21536975

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309338

Cited 1 times | Published

the sequential convictions requirement of section 775.084(5), Florida Statutes (Supp.1998). In case 93-297CF

Denyer v. State

845 So. 2d 295, 2003 WL 21105318

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1432738

Cited 1 times | Published

violent felony offender. Oberst held that section 775.084(4) "reflects a legislative intent to require

Ruiz v. State

844 So. 2d 800, 2003 WL 21077412

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 1662240

Cited 1 times | Published

Specifically, the defendant argues that under section 775.084 of the Florida Statutes, the trial court used

Rowe v. State

839 So. 2d 916, 2003 WL 1092992

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 1295644

Cited 1 times | Published

the statute under which Rowe was sentenced, section 775.084(4)(a)(2), Florida Statutes (2001), was not

Viera v. State

833 So. 2d 264, 2002 WL 31870562

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 2560916

Cited 1 times | Published

of cocaine cannot be enhanced pursuant to Section 775.084, Fla. Stat. (1995). 3. Appellant must be resentenced

Robinson v. State

830 So. 2d 251, 2002 WL 31519812

District Court of Appeal of Florida | Filed: Nov 14, 2002 | Docket: 31780

Cited 1 times | Published

felony offender sentencing as required by Section 775.084(3)(a)4., Florida Statutes (1999). Appellant

Benton v. State

829 So. 2d 388, 2002 WL 31466449

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1733599

Cited 1 times | Published

sentenced him as a habitual felony offender under section 775.084(2), Florida Statutes (1995). More specifically

Ruffin v. State

835 So. 2d 272, 2002 WL 31306683

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 320269

Cited 1 times | Published

a firearm is a second-degree felony. Under section 775.084(4)(b)(2), Florida Statutes (1998), the mandatory

Osborne v. State

820 So. 2d 1046, 2002 WL 1466572

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1715435

Cited 1 times | Published

appellant as a habitual felony offender under section 775.084(1)(a), Florida Statutes (Supp.1996). The state

Clark v. State

823 So. 2d 809, 2002 WL 1401926

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 458643

Cited 1 times | Published

We reject both arguments and affirm. I. Section 775.084(1), Florida Statutes (2000), separately defines

Foster v. State

820 So. 2d 365, 2002 WL 971352

District Court of Appeal of Florida | Filed: May 13, 2002 | Docket: 1362929

Cited 1 times | Published

800(b)(2), arguing that habitual felony offender section 775.084(3)(a)6., Florida Statutes (2000), violates

Fussell v. State

813 So. 2d 130, 2002 WL 312537

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1725725

Cited 1 times | Published

qualified as a habitual felony offender. See § 775.084, Fla. Stat. (1991). As explained below we do not

Payton v. State

810 So. 2d 539, 2002 WL 191599

District Court of Appeal of Florida | Filed: Feb 8, 2002 | Docket: 1354695

Cited 1 times | Published

or possession of a controlled substance. See § 775.084(1)(a), Fla. Stat. (2001). Payton also claims that

Johnson v. State

795 So. 2d 1085, 2001 WL 1104518

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 2579057

Cited 1 times | Published

offenses for purposes of enhancement under section 775.084, Florida Statutes (1995). Based on the record

Lowe v. State

786 So. 2d 1194, 2001 WL 557882

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 2555884

Cited 1 times | Published

pursuant to an unconstitutional version of section 775.084, Florida Statutes (1995), which authorized

Lowe v. State

786 So. 2d 1194, 2001 WL 557882

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 2555884

Cited 1 times | Published

pursuant to an unconstitutional version of section 775.084, Florida Statutes (1995), which authorized

Delevaux v. State

762 So. 2d 1062, 2000 WL 1055783

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 2558415

Cited 1 times | Published

qualify defendant as a habitual offender. See § 775.084(2), Fla. Stat. (1993). We, therefore, vacate defendant's

Dixon v. State

763 So. 2d 314, 2000 WL 963908

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 136473

Cited 1 times | Published

sentenced as a violent career criminal pursuant to section 775.084(1)(c), Florida Statutes (1995). Dixon appealed

Palmore v. State

790 So. 2d 444, 2000 WL 627666

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1734338

Cited 1 times | Published

082(8) and as a violent career criminal under section 775.084, for the same offense. We quash the portion

Roberts v. State

753 So. 2d 136, 2000 Fla. App. LEXIS 1004, 2000 WL 139738

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795784

Cited 1 times | Published

habit-ualization pursuant to section 775.084, Florida Statutes (1997). Section 775.084 is clear, as is case law

Roberts v. State

753 So. 2d 136, 2000 Fla. App. LEXIS 1004, 2000 WL 139738

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795784

Cited 1 times | Published

habit-ualization pursuant to section 775.084, Florida Statutes (1997). Section 775.084 is clear, as is case law

Newman v. State

738 So. 2d 981, 24 Fla. L. Weekly Fed. D 1619

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1503206

Cited 1 times | Published

habitual violent felony offender pursuant to section 775.084(4)(b)1, Florida Statutes (1997). Newman contends

Calloway v. State

734 So. 2d 1079, 1999 WL 71453

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1442919

Cited 1 times | Published

as a result of a prior felony conviction. See § 775.084(1)(a)2.a., Fla.Stat. (Supp.1996). The effective

State v. Harris

718 So. 2d 933, 1998 WL 689765

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 2550192

Cited 1 times | Published

statute calls for a mandatory life term. See § 775.084(4)(c)1., Fla. Stat. (1995). Although the trial

Wilson v. State

666 So. 2d 271, 1996 WL 14465

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 1360009

Cited 1 times | Published

life in accordance with the provisions of section 775.084(4), Florida Statutes (1991). *272 The state

Johnson v. State

664 So. 2d 36, 1995 WL 703626

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 1229855

Cited 1 times | Published

court concluded that the plain wording of section 775.084, Florida Statutes (1989), authorizes no extended

O'NEILL v. State

661 So. 2d 1265, 1995 WL 627454

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 531958

Cited 1 times | Published

qualified offenses, within the last five years. § 775.084(1)(a), Fla. Stat. (1991).[3] O'Neill argues that

Rucker v. State

626 So. 2d 276, 1993 Fla. App. LEXIS 10984, 1993 WL 435900

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64743900

Cited 1 times | Published

offense committed before May 2, 1991 under section 775.084(l)(e). State v. Johnson, 616 So.2d 1 (Fla.1993)

Rucker v. State

626 So. 2d 276, 1993 Fla. App. LEXIS 10984, 1993 WL 435900

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64743900

Cited 1 times | Published

offense committed before May 2, 1991 under section 775.084(l)(e). State v. Johnson, 616 So.2d 1 (Fla.1993)

Livernois v. State

625 So. 2d 973, 1993 WL 424218

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 474149

Cited 1 times | Published

consecutive minimum mandatory sentences. We agree. Section 775.084(3)(d), Florida Statutes (1989), requires the

Richardson v. State

622 So. 2d 1061, 1993 WL 284957

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 547115

Cited 1 times | Published

habitual violent felony offender alleging that section 775.084, Florida Statutes (1989), was unconstitutional

Tarver v. State

617 So. 2d 336, 1993 WL 105451

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 457859

Cited 1 times | Published

court failed to make the findings set forth at section 775.084(1)(a), Florida Statutes, prior to imposing

Murray v. State

616 So. 2d 955, 1993 WL 64634

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 1392174

Cited 1 times | Published

in Murray. When Murray was sentenced under section 775.084, Florida Statutes (1989), as an habitual felony

Murray v. State

616 So. 2d 955, 1993 WL 64634

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 1392174

Cited 1 times | Published

in Murray. When Murray was sentenced under section 775.084, Florida Statutes (1989), as an habitual felony

Grimes v. State

616 So. 2d 996, 1992 WL 387435

District Court of Appeal of Florida | Filed: Feb 5, 1993 | Docket: 1726830

Cited 1 times | Published

failing to make findings of fact pursuant to section 775.084(1)(a), Florida Statutes (1989), before sentencing

Randall v. State

613 So. 2d 93, 1993 Fla. App. LEXIS 1223, 1993 WL 12399

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693881

Cited 1 times | Published

other qualified *94offense, whichever is later.” § 775.-084(l)(a)l. & 2., Fla.Stat. (1991). The record contains

Crumitie v. State

605 So. 2d 543, 1992 WL 227865

District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 1701992

Cited 1 times | Published

offender, the imposition of a life sentence under section 775.084(4)(b)(1), Florida Statutes, was mandatory.

Randall v. State

601 So. 2d 644, 1992 WL 176974

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 151789

Cited 1 times | Published

chapter 89-280, Laws of Florida, which amended section 775.084, the habitual felony offender provision, violates

White v. State

589 So. 2d 1014, 1991 WL 244667

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 48663

Cited 1 times | Published

fifteen-year minimum mandatory sentence. See § 775.084(4)(b)1, Fla. Stat. (1989). After untangling a

State v. Fannin

578 So. 2d 471, 1991 WL 60005

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 159104

Cited 1 times | Published

presented in this appeal is whether, under section 775.084(4)(a), Florida Statutes (1989), a life sentence

Razz v. State

576 So. 2d 901, 1991 WL 39278

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 1242998

Cited 1 times | Published

sentencing under the habitual offender statute, section 775.084(1), Florida Statutes (1989), on the grounds

Jones v. State

501 So. 2d 178, 12 Fla. L. Weekly 378

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 1527596

Cited 1 times | Published

Defendant is an habitual offender pursuant to F.S. 775.084. 2. The Defendant lied to this Court when he

Albert Lopez Avalos v. State of Florida

District Court of Appeal of Florida | Filed: Aug 29, 2025 | Docket: 71228182

Published

sentence, which was imposed in accordance with section 775.084, Florida Statutes, is unconstitutional under

Carlos Cordero v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209998

Published

decisions of federal courts.”) (citation omitted); § 775.084(1)(d)(1)(a), (g), Fla. Stat. (2024) (defining

Luis Fernando Lopez v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891672

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 775.084(4)(b), Fla. Stat. (“The court, in conformity with

Lloyd Anthony Davis v. State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699425

Published

felonies in this state or other qualified offenses.” § 775.084(1)(a)1., Fla. Stat. But certain drug offenses

Oscar Molinet-Gonzalez v. State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70629879

Published

possession of a firearm” under the VCC statute, section 775.084, Florida Statutes (2023). The only evidence

Calvin Essix v. the State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630275

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 775.084(4)(h), Fla. Stat. (“A sentence imposed under

Dominiquie R. Scott v. State of Florida

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472158

Published

821 (2024), his HFO sentences imposed under section 775.084(1)(a), Florida Statutes (2020), are unconstitutional

Sheppard v. State of Florida

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472149

Published

this state or other qualified offenses." § 775.084(1)(a)1., Fla. Stat. (2004). "In order to

John Wayne Ballester v. State of Florida

District Court of Appeal of Florida | Filed: Apr 17, 2025 | Docket: 69905397

Published

under section 775.084(1)(d), Florida Statutes (2019), as well as a TTVFO under section 775.084(1)(c)

Brantley v. State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864085

Published

demonstrating that Brantley qualified as an HFO under section 775.084, Florida Statutes, and the court concluded

Cleveland v. State of Florida

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843630

Published

for purposes of an enhanced sentence under section 775.084(1)(a), Florida Statutes (2022).

Jose Luis Ventura v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834277

Published

offender, or a violent career criminal . . . .” § 775.084(4)(e), Fla. Stat. (2021). Ventura’s claim

Christopher Van Hatcher v. the State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674162

Published

in pertinent part that the court violated section 775.084(3)(a)1., Florida Statutes, by failing to conduct

Donell Dowell v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2025 | Docket: 69640882

Published

unnecessary for the protection of the public. See § 775.084(4)(e), Fla. Stat. (2022). At odds with the court’s

Daphne Wakeley v. State of Florida

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393188

Published

designating Wakeley as a habitual felony offender. See § 775.084(1)(a), Fla. Stat. * Anders v. California

Wellington Gilbert v. State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347198

Published

an HFO, and no PSI was previously ordered. See § 775.084(3)(a)1., Fla. Stat. (2023). The State conceded

MICHAEL ALLEN LOVETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050271

Published

like the HFO statute potentially provides. See § 775.084(1)(a), (4)(a), Fla. Stat. (2018); see also Grant

Ricardo Bryan v. State of Florida

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69022740

Published

if a defendant qualifies for HFO sentencing. § 775.084(4)(a)3., Fla. Stat. (2017). The trial court imposed

Cameron Maurice Toombs v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829076

Published

determine whether the defendant qualifies. Then section 775.084(3)(a)6., Florida Statutes (2022) provides:

RAFAEL GONZALEZ SANTIAGO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68230266

Published

sentence on each of those counts was 30 years.4 See § 775.084(4)(a)2., Fla. Stat. (2019). Therefore, we remand

The State of Florida v. Daniel Arshadnia

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103690

Published

provided in § 775.082, § 775.083, or § 775.084. 2. If the quantity involved under subparagraph

CODY J. KEY vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 68034181

Published

required sentence for count 1 is life imprisonment. § 775.084(4)(d)1., Fla. Stat. In its oral sentencing

KEON M. LYNCH vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 19, 2023 | Docket: 68034208

Published

CURIAM. AFFIRMED. See § 775.087(1)(b) and § 775.084(4)(a), Fla. Stat. (2001). WALLIS, EISNAUGLE

EDDIE JOE RICHARDSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 67636695

Published

habitual violent felony offender (“HVFO”) under section 775.084(4)(b)1.1, Florida Statutes (1989). This statute

ALLANGSON BRUNSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270678

Published

Collins, 985 So. 2d 985, 991-92 (Fla. 2008); § 775.084(4)(a), (4)(b), (4)(e), Fla. Stat. (1993). DAMOORGIAN

BERNARD PIERRE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917362

Published

Violent Felony Offender on Count Three 1 See § 775.084(4)(b), Fla. Stat. (2008) (increasing the statutory

ROBERT KEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917381

Published

sentenced up to 30 years for aggravated battery. See § 775.084(4)(a)2., Fla. Stat. (2015). To demonstrate

ROBERT KEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917381

Published

sentenced up to 30 years for aggravated battery. See § 775.084(4)(a)2., Fla. Stat. (2015). To demonstrate

ANTOINE ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617077

Published

for appellee. PER CURIAM. Affirmed. See § 775.084(1)(a)3., Fla. Stat. (2011) (requiring for habitual

RAUL J. MARI v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654672

Published

providing for habitual offender sentencing under section 775.084, Florida Statutes); Middleton v. State, 721

CHARLES R. CHAPMAN vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 3, 2022 | Docket: 64937032

Published

enumerated conviction pursuant to the VCC statute. See § 775.084(1)(d), Fla. Stat. (2006); Butler v. State, 93

ERICK LESLIE BATTA vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 12, 2022 | Docket: 60858264

Published

that Appellant had met the requirements of section 775.084(1)(d), Florida Statutes (2021), due to his

TYRONE JORDAN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865616

Published

burglary was mandatory rather than permissive. See § 775.084(4)(b), Fla. Stat. This was incorrect, and requiring

HEATHCLIFF PETERS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588197

Published

an habitual violent felony offender (under section 775.084(1)(b), Florida Statutes) it must be established

MARK WASHINGTON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162677

Published

an habitual violent felony offender (under section 775.084(1)(b), Florida Statutes) it must be established

In Re: Amendments to the Florida Rules of Criminal Procedure - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680654

Published

offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed

QUENTIN Y. WASHINGTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451671

Published

Federico, Judge. PER CURIAM. Affirmed. See § 775.084(3)(a)(6), Fla. Stat. (2007); Fla. R. Crim. P

STATE OF FLORIDA v. BRYANT MOSS

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385579

Published

habitual felony offender provisions of section 775.084, Florida Statutes). Id. at 661–62. See also

JESSIE MCGEE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290982

Published

designation as a habitual violent felony offender. See § 775.084, Fla. Stat. Applying Florida Rule of Criminal

KWANELL FINNIE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 7, 2021 | Docket: 60041118

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 775.084(1)(b), Fla. Stat. (2008 and 2014) (providing,

QUINTICA RAINES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936580

Published

second-degree felony as a HFO cannot exceed thirty years. § 775.084(4)(a)(2), Fla. Stat. (2020) (“In the case of a

ROD L. BRUCE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241587

Published

defendant may waive the procedural requirements of section 775.084 if 4

KHALIL MAXIMILIAN WASHINGTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030587

Published

from the statutory maximum sentence, because section 775.084, Florida Statutes, authorized the court to

RALPH JAIME GARCIA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726927

Published

habitual felony offender statute, see generally § 775.084(1)(a), Fla. Stat. (2011), and not the Criminal

AKYLIE DAVIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 23, 2020 | Docket: 18465783

Published

PER CURIAM. Affirmed. See § 775.084(4)(a), Fla. Stat. (2002); Martinez v. State, 211

Steve Lamont Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435263

Published

Habitual Violent Felony Offender (HVFO). See § 775.084(4)(b), Fla. Stat. (1995). On count II, he was

Farris Dean Gregory v. State of Florida

District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18425536

Published

Florida’s habitual felony offender statute. See § 775.084(4)(a), Fla. Stat. (2019). We also find that Appellant’s

JAMES E. LONG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370652

Published

impose an extended term of imprisonment . . . .” § 775.084(1)(a), Fla. Stat. (2016). To sentence a defendant

WILLIAM E. BYNES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773989

Published

pro se motions. This appeal followed. 1 See § 775.084(1)(d)3.b., Fla. Stat. (2000); Rallo v. State,

In Re: Amendments to Florida Rules of Criminal Procedure 3.692 and 3.989 - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761662

Published

offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed

BRIAN M. CHIPMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16543996

Published

Violent Career Criminal (VCC) designation. See § 775.084(1)(d), (e), Fla. Stat. (2012). The trial court

MICHAEL RAY CURTIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460442

Published

Judge. PER CURIAM. Affirmed. See § 775.084(1)(b)(1), Fla. Stat. (1991); Tillman v. State

ROLAND P. MOLINA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432692

Published

him as a violent career criminal (VCC) under section 775.084, Florida Statutes (2002). He argued that the

Simon A. Sanchez v. State of Florida

District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344963

Published

issue raised in the petition is meritless. See § 775.084(2), Fla. Stat. (2008) (“For purposes of this section

DANIEL LEON HEATLEY A K A DANIEL LEON HEATLY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243975

Published

consider his PSI at resentencing pursuant to section 775.084(3)(a)(1), Florida Statutes (2018), which provides:

RONNIE E. KING v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211739

Published

PER CURIAM. Affirmed. See § 775.084(4)(e), Fla. Stat. (1989); Johnson v. State, 60

RONALD TRACY PAYNE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16090274

Published

se. PER CURIAM. Affirmed. See § 775.084(4)(h), Fla. Stat. (2014); Payne v. State, 241

ERIC L. WILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055470

Published

as a habitual felony offender pursuant to section 775.084(4)(a)1., Florida Statutes (2007). It also imposed

STEVEN PAUL CROWLEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2019 | Docket: 15940618

Published

fifteen-year sentence, not an enhanced HFO sentence. See § 775.084(4)(a) (providing the trial court may sentence

ANTOINE ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835859

Published

affirm. To sentence a defendant as an HFO, section 775.084(1)(a)2.b., Florida Statutes (2011), provides

James Lee Bell v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762811

Published

prison as a violent career criminal (VCC) under section 775.084, Florida Statutes (1997). In 2004, following

DARRELL LEKEITH WARD v. STATE OF FLORIDA

273 So. 3d 1172

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762826

Published

mandatory minimum as a violent career criminal. See § 775.084(4)(d), Fla. Stat. (2015). The trial court also

ROD LEE BRUCE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566685

Published

release from sentence for an enumerated felony. See § 775.084(1)(d)3., Fla. Stat. (2016). The record indicates

Cuthbertson v. State

272 So. 3d 1250

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64715710

Published

PER CURIAM. Affirmed. See § 775.084(1)(d), (3)(c)(5), Fla. Stat. (2014) ; Johnson v. State, 60 So. 3d

Cuthbertson v. State

272 So. 3d 1250

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64715711

Published

PER CURIAM. Affirmed. See § 775.084(1)(d), (3)(c)(5), Fla. Stat. (2014) ; Johnson v. State, 60 So. 3d

RICHARD DON CUTHBERTSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034014

Published

Judge. PER CURIAM. Affirmed. See § 775.084(1)(d), (3)(c)(5), Fla. Stat. (2014); Johnson v

RENALDO CHAMPAGNE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988954

Published

those enhancements, has not been raised. See § 775.084(4)(h), Fla. Stat. (2005) ("A sentence imposed

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

those enhancements, has not been raised. See § 775.084(4)(h), Fla. Stat. (2005) ("A sentence imposed

Theron Sapp v. State of Florida

268 So. 3d 935

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973288

Published

the trial court could sentence him “for life.” § 775.084(4)(a)1., Fla. Stat. The trial court sentenced

WILLIAM E. BYNES v. STATE OF FLORIDA

267 So. 3d 1043

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14866912

Published

pursuant to section 775.084(1)(d)3.b., Fla. Stat. (2000). At that time, section 775.084(1)(d)3.b. provided

ANTIONE HASTIE v. STATE OF FLORIDA

267 So. 3d 1037

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865460

Published

a felony enumerated in subparagraph 1. . . . § 775.084, Fla. Stat. (2015). Grand theft is not enumerated

Edward v. State

271 So. 3d 125

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693171

Published

as a habitual violent felony offender under section 775.084(2), Florida Statutes (2001). However, Edward

Sanders Jr. v. State

275 So. 3d 682

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693157

Published

habitual violent felony offender, pursuant to section 775.084(b) of the Florida Statutes (1995).1 This Court

RICHARD H. ELBERT, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560178

Published

se. PER CURIAM. Affirmed. See § 775.084(1)(d), (3)(c)(5), Fla. Stat. (2010); Elbert v

M.G. v. State

260 So. 3d 1094

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 64699930

Published

petitioner was convicted of an offense listed in section 775.084(1)(b)1., and, because M.G. was charged but

M.G. v. State

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074513

Published

petitioner was convicted of an offense listed in section 775.084(1)(b)1., and, because M.G. was charged but

THOMAS CHRISTOPHER CREWS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074506

Published

offense" eligible for VCC sentencing under section 775.084(1)(d)(3), (4)(d)(3), Florida Statutes (2013)

ANTHONY MCMILLAN v. STATE OF FLORIDA

254 So. 3d 1002

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804269

Published

violent felony offender.” This was incorrect. Section 775.084(4)(b)1., Florida Statutes (1997), provides

EDWARD STODDARD v. STATE OF FLORIDA

253 So. 3d 759

District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7713084

Published

habitual offender sentencing enhancements in section 775.084, Florida Statutes (2007), section 775.082(9)

Gilman v. State

245 So. 3d 983

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383129

Published

as a habitual felony offender pursuant to section 775.084 of the Florida Statutes. The trial court

DAVID W. HOLMES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366283

Published

se. PER CURIAM. Affirmed. See § 775.084(4)(a)(1), Fla. Stat. (1995); Johnson v. State

DEMETRIUS ELLIOT v. STATE OF FLORIDA

243 So. 3d 418

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366321

Published

prison as a habitual felony offender under section 775.084, with a 30-year prison releasee reoffender

DEMETRIUS ELLIOT v. STATE OF FLORIDA

243 So. 3d 418

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366321

Published

prison as a habitual felony offender under section 775.084, with a 30-year prison releasee reoffender

James McNair v. State

244 So. 3d 379

District Court of Appeal of Florida | Filed: Apr 16, 2018 | Docket: 6377796

Published

VFO treatment, while the latter may not. See § 775.084(1)(c)1.g., Fla. Stat. (2015) (enumerating aggravated

Terry Marshall III v. State of Florida

241 So. 3d 969

District Court of Appeal of Florida | Filed: Mar 29, 2018 | Docket: 6349197

Published

as a habitual violent offender pursuant to section 775.084, Florida Statutes. As part of that sentence

NORRIS HUBBARD, JR. v. STATE OF FLORIDA

248 So. 3d 177

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340879

Published

offense is improper. Under section 775.084(1)(a)(3), Florida Statutes (2013), a defendant

WILLIE M. LIGHTFOOT, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340829

Published

PER CURIAM. Affirmed. See § 775.084(4)(a)(1), Fla. Stat. (2001); Martinez v. State

Humphrey v. State

239 So. 3d 718

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64674960

Published

prior convictions qualified him as a VCC under section 775.084(1)(d), Florida Statutes (2005). See Judge v

Gutierrez v. State

239 So. 3d 144

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297808

Published

habitual violent felony offender. Section 775.084(4)(e), Florida Statutes (1994), which provision

Garcia v. State

237 So. 3d 1080

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 6248135

Published

sentence. Garcia points to section 775.084(1)(b)(2)(a), Fla. Stat. (Supp. 1998), which

Cummings v. State

230 So. 3d 1282

District Court of Appeal of Florida | Filed: Dec 12, 2017 | Docket: 60282819

Published

PER CURIAM. AFFIRMED. See § 775.084(4)(h), Fla. Stat. (2015); Alexander v. State, 88 So.3d 417 (Fla

Jones v. State

246 So. 3d 1200

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 64681479

Published

PER CURIAM. Affirmed. See § 775.084(4)(a)(1), Fla. Stat. (2003) ; State v. Matthews, 891 So. 2d 479

Gilman v. State

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229130

Published

as a habitual felony offender pursuant to section 775.084 of the Florida Statutes. The trial court

Robinson v. State

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219527

Published

of only one prior non-sequential felony. See § 775.084(1)(a), Fla. Stat. (1994) (to qualify as an “habitual

GARY RICHARD MCGRIFF v. STATE OF FLORIDA

229 So. 3d 829

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179310

Published

year prison term for the second degree felony. § 775.084(4)(a), Fla. Stat. (2012). We find appellant’s

Clark v. State

230 So. 3d 499

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145449

Published

properly reclassified as a first-degree felony. Section 775.084(4)(a)(l) provides that a trial court “may sentence

Anthony v. State

224 So. 3d 900, 2017 WL 3613877, 2017 Fla. App. LEXIS 12001

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 60271785

Published

PER CURIAM. Affirmed. See § 775.084(4)(b), Fla. Stat. (Supp. 1988); Johnson v. State, 60 So.3d 1045

Cole v. State

225 So. 3d 938, 2017 WL 3495889

District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138602

Published

life in prison for each of these offenses.' See § 775.084(4)(b)l„ Fla. Stat. (1989). As to Cole’s claim

Butler v. State

226 So. 3d 327, 2017 WL 3399887

District Court of Appeal of Florida | Filed: Aug 9, 2017 | Docket: 6135179

Published

last been convicted of a felony in 1998. See § 775.084(l)(a)(2)(b), Fla. Stat. (2013). The postconviction

Williams v. State

224 So. 3d 304, 2017 Fla. App. LEXIS 11066, 2017 WL 3271632

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 60271336

Published

knowing waiver of the procedural rights accorded by § 775.084, the habitual offender statute, precludes any

VINCENT JONES v. STATE OF FLORIDA

225 So. 3d 290, 2017 WL 3085327, 2017 Fla. App. LEXIS 10446

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122331

Published

designating him as a habitual felony offender under section 775.084(4)(a)1, Florida Statutes (2016). The State

Lewis v. State

223 So. 3d 383, 2017 WL 2664347, 2017 Fla. App. LEXIS 8939

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60269940

Published

PER CURIAM. Affirmed. See § 775.084(1)(a)(2), Fla. Stat. (1995); State v. Matthews, 891 So.2d 479 (Fla

Flanders v. State

217 So. 3d 160, 2017 WL 1278068, 2017 Fla. App. LEXIS 4656

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669325

Published

habitual violent felony offender statute, section 775.084(4) (1995), Fla. Stat., did not provide for

James E. McNair v. State

212 So. 3d 1143, 2017 WL 1040910, 2017 Fla. App. LEXIS 3582

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621380

Published

a three-time violent felony offender under section 775.084(c), Florida Statutes (2006). Because the record

Durkee v. State

203 So. 3d 189, 2016 Fla. App. LEXIS 15938

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257398

Published

under the VCC provision (“shall sentence”). See § 775.084(4)(b), (4)(d), Fla. Stat. (2014). For example

Singletary v. State

202 So. 3d 445, 2016 Fla. App. LEXIS 15528

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 60257221

Published

PER CURIAM. Affirmed. See § 775.084(1)(a)(2)(b), Fla. Stat. (2004); Johnson v. State, 60 So.3d 1045

Salvo v. State

199 So. 3d 390, 2016 Fla. App. LEXIS 12455, 2016 WL 4380798

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256592

Published

2005) (“[O]nly one recidivist category in section 775.084 may be applied to any given criminal sentence

Patrick Hawkins v. State of Florida

195 So. 3d 1196, 2016 Fla. App. LEXIS 11007, 2016 WL 3882710

District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113587

Published

775 So.2d 347, 347 (Fla. 1st DCA 2000) (citing § 775.084(4)(a), Fla. Stat. (1993), and Lamont v.

Parker v. State

210 So. 3d 75, 2016 Fla. App. LEXIS 10340

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 60261853

Published

PER CURIAM. Affirmed. See § 775.084(2), Fla. Stat. (1989); Overstreet v. State, 629 So.2d 125 (Fla.1993);

Parker v. State

197 So. 3d 612, 2016 Fla. App. LEXIS 10328, 2016 WL 3610958

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 60256276

Published

PER CURIAM. Affirmed. See § 775.084(4)(e), Fla. Stat. (1989); State v. Matthews, 891 So.2d 479 (Fla

Christopher Busbee v. State of Florida

187 So. 3d 1266, 2016 WL 1337359, 2016 Fla. App. LEXIS 5242, 41 Fla. L. Weekly Fed. D 850

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051978

Published

more than 10 years’ imprisonment. See § 775.084(4)(a)3., Fla. Stat. (2011). That provision provides

Donald McCormick v. State of Florida

186 So. 3d 1111, 2016 Fla. App. LEXIS 3639, 2016 WL 892362

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042778

Published

violent felony offender (HVFO). See § 775.084(4)(b)l., Fla. Stat. (1991) (providing that an

Walsh v. State

198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041725

Published

(HVFO) through mandatory mínimums pursuant to section 775.084(4)(b), Florida Statutes (1991), the trial court

Antonio L. Harris v. State of Florida

182 So. 3d 859, 2016 Fla. App. LEXIS 264, 2016 WL 67398

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026061

Published

is not eligible for release for fifteen years. § 775.084(4)(b)l., Fla.-Stat. (1995). Florida Statute section

Freddie Lee McLawhorn, Jr. v. State of Florida

183 So. 3d 1166, 2016 Fla. App. LEXIS 221, 2016 WL 67357

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026053

Published

where a sentence was already enhanced under section 775.084, Florida Statutes, the “enhanced maximum

Marvin Broadway v. State of Florida

179 So. 3d 560, 2015 Fla. App. LEXIS 18019, 2015 WL 7752574

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017405

Published

habitual violent felony offender statute, section 775.084(1)(b), Florida Statutes (2012), mandated a

Pulido v. State

181 So. 3d 1191, 2015 Fla. App. LEXIS 17997, 2015 WL 7752204

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017396

Published

as a violent career criminal, pursuant to section 775.084, Florida Statutes (2012). On January 6

Pulido v. State

181 So. 3d 1191, 2015 Fla. App. LEXIS 17997, 2015 WL 7752204

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017396

Published

as a violent career criminal, pursuant to section 775.084, Florida Statutes (2012). On January 6

Christopher Earl Martin v. State of Florida

182 So. 3d 675, 2015 Fla. App. LEXIS 17908, 40 Fla. L. Weekly Fed. D 2634

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016006

Published

five-year time period required for HFO status. § 775.084(l)(a)2.b., Fla. Stat. (2010). The trial court

Hodge v. State

180 So. 3d 184, 2015 Fla. App. LEXIS 17372, 2015 WL 7295282

District Court of Appeal of Florida | Filed: Nov 19, 2015 | Docket: 60252335

Published

2d 1246, 1250 (Fla.2001) (stating that under § 775.084(5), “although the sentencing for separate convictions

Rigby v. State

176 So. 3d 1016, 2015 Fla. App. LEXIS 15319, 2015 WL 6021548

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60250745

Published

relief because it only shows one prior felony. See § 775.084(l)(a), Fla. Stat. (2010) (requiring that the-

Kenson Louima v. State of Florida

175 So. 3d 893, 2015 Fla. App. LEXIS 13496, 2015 WL 5240538

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757131

Published

as an habitual felony offender pursuant to section 775.084(l)(a)2.b., Florida Statutes. That designation

Bradley v. State

174 So. 3d 1052, 2015 Fla. App. LEXIS 12851, 2015 WL 5051142

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250258

Published

sentence was thirty years for each conviction. § 775.084(4)(a)(2), Fla. Stat. (2012). Here, Appellant was

Ilarion v. State

167 So. 3d 527, 2015 Fla. App. LEXIS 11056, 2015 WL 4464493

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 60248501

Published

violent career criminal (VCC) in accordance with section 775.084(4), Florida Statutes (1999). As correctly conceded

Ilarion v. State

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679146

Published

career criminal (VCC) in accordance with section 775.084(4), Florida Statutes (1999). As correctly

Tyrone K. Powell v. State of Florida

167 So. 3d 392, 40 Fla. L. Weekly Supp. 324, 2015 Fla. LEXIS 1280, 2015 WL 3617873

Supreme Court of Florida | Filed: Jun 11, 2015 | Docket: 2663935

Published

as a habitual violent felony offender under section 775.084(4)(b), Florida Statutes (2012), and a violent

Foster v. State

160 So. 3d 948, 2015 Fla. App. LEXIS 5187, 2015 WL 1609912

District Court of Appeal of Florida | Filed: Apr 10, 2015 | Docket: 60246954

Published

marijuana over twenty grams while armed. Because section 775.084(l)(a)3., Florida Statutes, prohibits habitualization

Turner v. State

159 So. 3d 279, 2015 Fla. App. LEXIS 2964, 2015 WL 895302

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246538

Published

third-degree felony with which he was charged. See § 775.084(4)(a)(3), Fla. Stat. (1993) (providing that the

Johnson v. Guevara

156 So. 3d 557, 2015 Fla. App. LEXIS 648, 2015 WL 249322

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245811

Published

of intent to seek enhanced penalty pursuant to § 775.084, Fla. Stat.,” alleging that the petitioner had

Chagnon v. State

148 So. 3d 527, 2014 Fla. App. LEXIS 15807, 2014 WL 5039699

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 60243545

Published

defendant sentenced as a habitual offender under section 775.084, Florida Statutes. See King v. State, 681 So

Santiago v. State

147 So. 3d 1057, 2014 Fla. App. LEXIS 14103, 2014 WL 4435946

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185181

Published

habitual violent felony offender pursuant to section 775.084(1)(b) of the Florida Statutes, a defendant

Tianga v. State

146 So. 3d 1235, 2014 Fla. App. LEXIS 13734, 2014 WL 4385758

District Court of Appeal of Florida | Filed: Sep 5, 2014 | Docket: 1133626

Published

Statutes, relating to purchase or possession. § 775.084(l)(a)(3), Fla. Stat. (2011). At Tianga’s

Span v. State

145 So. 3d 985, 2014 Fla. App. LEXIS 13395, 2014 WL 4243112

District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60242797

Published

that his sentence is illegal because, under section 775.084(4)(b)l., Florida Statutes (1999), the trial

Faulkner v. State

145 So. 3d 182, 2014 WL 3844080, 2014 Fla. App. LEXIS 11988

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 842633

Published

habitual felony offender statute. See § 775.084(l)(a)(3), Fla. Stat. (2009); Winthrop v

Antonio R. Hernandez v. State of Florida

141 So. 3d 1247

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378984

Published

be sentenced as an HFO if the criteria in section 775.084(l)(a), Florida Statutes, are met. Here, Hernandez

Mike v. State

155 So. 3d 1154, 2014 WL 2589201, 2014 Fla. App. LEXIS 8850

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60245577

Published

prison re-leasee reoffender statute (PRR), and section 775.084(4)(b), Florida Statutes (2011), which provides

Tyrone Jordan v. State of Florida

143 So. 3d 335, 39 Fla. L. Weekly Supp. 212, 2014 WL 1408559, 2014 Fla. LEXIS 1209

Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 56795

Published

habitual violent felony offender (HVFO) under section 775.084(4), Florida Statutes (1993), and sentenced

Scott v. State

137 So. 3d 525, 2014 WL 1301312, 2014 Fla. App. LEXIS 4786

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240345

Published

a predicate offense for habitualization. See § 775.084, Fla. Stat. (2008). “A youthful offender sentence

Demery v. State

132 So. 3d 902, 2014 WL 562036, 2014 Fla. App. LEXIS 1977

District Court of Appeal of Florida | Filed: Feb 13, 2014 | Docket: 60238574

Published

count of possession of a controlled substance. § 775.084(1)(a)3., Florida Statutes (1998) (a defendant

Shine v. State

129 So. 3d 449, 2013 Fla. App. LEXIS 20740, 2013 WL 6865556

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237401

Published

park (count IV). This claim has merit, as section 775.084(l)(a)(3), Florida Statutes (1999), does not

Phillips v. State

128 So. 3d 101, 2013 Fla. App. LEXIS 14807, 2013 WL 5226515

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60236936

Published

from sixty years to thirty years in prison, see § 775.084(4)(a)(2), Fla. Stat. (2004), but it failed to

Nelson v. State

121 So. 3d 1139, 2013 WL 4859242, 2013 Fla. App. LEXIS 14591

District Court of Appeal of Florida | Filed: Sep 13, 2013 | Docket: 60234339

Published

count two in both cases is erroneous under section 775.084(l)(a)3., Florida Statutes, and strike that

Ledea v. State

121 So. 3d 88, 2013 Fla. App. LEXIS 14152, 2013 WL 4746559

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234516

Published

cocaine, however, is an illegal sentence. See § 775.084(l)(a)(3), Fla. Stat. (2010) (precluding habitual

Gribble v. State

120 So. 3d 153, 2013 WL 4436608, 2013 Fla. App. LEXIS 13047

District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233925

Published

penalty. The State sought habitualization under section 775.084, Florida Statutes (2007). The court sentenced

Whitmore v. State

147 So. 3d 24, 2013 WL 3942928, 2013 Fla. App. LEXIS 12081

District Court of Appeal of Florida | Filed: Aug 1, 2013 | Docket: 60243234

Published

has only one prior qualifying conviction. See § 775.084(l)(a), Fla. Stat. (2010) (a defendant must have

Hearns v. State

117 So. 3d 454, 2013 Fla. App. LEXIS 11231, 2013 WL 3723213

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232680

Published

violent felony offender [HVFO] enhancement under section 775.084(4)(b)(2) (which requires “only” two offenses)

Copeland v. State

118 So. 3d 842, 2013 WL 2662997, 2013 Fla. App. LEXIS 9329

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60233443

Published

obligated to impose a life sentence under section 775.084(4)(a), Florida Statutes (1995). According to

Murphy v. State

114 So. 3d 1090, 2013 WL 2501982, 2013 Fla. App. LEXIS 9267

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60231745

Published

pursuant to the statute in effect in 1988. See § 775.084(1)(a)(2), Fla. Stat. (Supp.1988). However, in

Johnson v. State

115 So. 3d 1028, 2013 WL 2319590, 2013 Fla. App. LEXIS 8464

District Court of Appeal of Florida | Filed: May 29, 2013 | Docket: 60232053

Published

purposes of meeting the sequential requirement of section 775.084(5), Florida Statutes). STEVENSON, GROSS and

Joppy v. State

162 So. 3d 1, 2013 WL 1749509, 2013 Fla. App. LEXIS 6577

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60247358

Published

sentence as long as all the requirements of section 775.084, Florida Statutes, are met. State v. Collins

Cunningham v. State

109 So. 3d 1261, 2013 WL 1316751, 2013 Fla. App. LEXIS 5449

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229485

Published

1248-49 (Fla.2001).1 As for the first subclaim, section 775.084(l)(a)(2)(b), Florida Statutes (2003), requires

Johnson v. State

109 So. 3d 319, 2013 WL 1092238, 2013 Fla. App. LEXIS 4237

District Court of Appeal of Florida | Filed: Mar 18, 2013 | Docket: 60229564

Published

of a submission on behalf of the defendant.” § 775.084(3)(a)2, Fla. Stat. (2010). In Ashley v. State

Shelton v. State

109 So. 3d 869, 2013 WL 950543, 2013 Fla. App. LEXIS 3938

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229834

Published

habitual violent felony offender pursuant to section 775.084(l)(b), Florida Statutes (1995). The conviction

Shelton v. State

109 So. 3d 869, 2013 WL 950543, 2013 Fla. App. LEXIS 3938

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229834

Published

habitual violent felony offender pursuant to section 775.084(l)(b), Florida Statutes (1995). The conviction

Roman v. State

123 So. 3d 1158, 2013 WL 692090, 2013 Fla. App. LEXIS 3180

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60234874

Published

PER CURIAM. Affirmed. See § 775.084(2), Fla. Stat. (2006); Clark v. State, 54 So.3d 1033 (Fla. 4th DCA

Floyd v. State

104 So. 3d 1282, 2013 WL 127444, 2013 Fla. App. LEXIS 339

District Court of Appeal of Florida | Filed: Jan 10, 2013 | Docket: 60227402

Published

3d 417, 418-19 (Fla. 4th DCA 2012) (holding section 775.084(3)(a)6., Florida Statutes, requires that the

Smith v. State

102 So. 3d 695, 2012 Fla. App. LEXIS 20882, 2012 WL 6028240

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226752

Published

KHOUZAM, JJ., Concur. . We note that, under section 775.084(l)(a)(3), Florida Statutes (2009), possession

Prince v. State

98 So. 3d 768, 2012 Fla. App. LEXIS 18071, 2012 WL 4899028

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312568

Published

effect at the time of petitioner’s sentencing: section 775.084(4)(a), Florida Statutes (1985). Specifically

Rodriguez v. State

99 So. 3d 557, 2012 WL 3705092, 2012 Fla. App. LEXIS 14346

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60313090

Published

and three of the information at a time when section 775.084, Florida Statutes, did not provide for enhanced

Sutton v. State

96 So. 3d 983, 2012 Fla. App. LEXIS 13334, 2012 WL 3237672

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311616

Published

habitual offender for possession of cocaine. See § 775.084(l)(a)(3), Fla. Stat. (2007); Winthrop v. State

Jackson v. State

96 So. 3d 969, 2012 Fla. App. LEXIS 12525, 2012 WL 3101734

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311608

Published

was committed during such probationary period.” § 775.084(2), Fla. Stat. (1993) (emphasis supplied). The

Middleton v. State

95 So. 3d 385, 2012 WL 3101322, 2012 Fla. App. LEXIS 12387

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311198

Published

applied to all defendants sentenced under section 775.084 whose offenses were committed after that date

Tyson v. State

93 So. 3d 425, 2012 WL 2813995, 2012 Fla. App. LEXIS 11233

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310583

Published

State, 764 So.2d 571, 571 (Fla.2000) (quoting § 775.084(5), Fla. Stat. (1995)). Furthermore, “where the

Dunn v. State

89 So. 3d 1123, 2012 WL 2160936, 2012 Fla. App. LEXIS 9722

District Court of Appeal of Florida | Filed: Jun 15, 2012 | Docket: 60308564

Published

Habitual Felony Offender (HFO) pursuant to section 775.084, Florida Statutes (1983), and all of his sentences

Alexander v. State

88 So. 3d 417, 2012 Fla. App. LEXIS 7841, 2012 WL 1698089

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308285

Published

requirements for habitual offender designation. Section 775.084(3)(a)6. of the habitual offender statute states:

Blackshear v. State

86 So. 3d 537, 2012 Fla. App. LEXIS 5630, 2012 WL 1232011

District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 60307703

Published

defendants who committed crimes while in prison. See § 775.084(1)(b)(2), Fla. Stat. (1995); see also Jeffries

Thompson v. State

85 So. 3d 1110, 2012 WL 280257, 2012 Fla. App. LEXIS 1325

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60307008

Published

other qualified offense, whichever is later. § 775.084(l)(a)2.b., Fla. Stat. Although the record in this

Thompson v. State

85 So. 3d 1110, 2012 WL 280257, 2012 Fla. App. LEXIS 1325

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60307008

Published

other qualified offense, whichever is later. § 775.084(l)(a)2.b., Fla. Stat. Although the record in this

Bray v. State

75 So. 3d 1285, 2011 Fla. App. LEXIS 19938, 2011 WL 6183599

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60303644

Published

pertaining to habitual violent felony offenders, section 775.084(4)(b), Florida Statutes, never contained the

Roberts v. State

100 So. 3d 74, 2011 Fla. App. LEXIS 18971, 2011 WL 5964571

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60225937

Published

offenses, aggravated battery was not listed in section 775.084, Florida Statutes, as a predicate offense.2

Johnson v. State

76 So. 3d 961, 2011 Fla. App. LEXIS 18100, 2011 WL 5554813

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2354497

Published

the sentencing restrictions of the guidelines. § 775.084(4)(e), Fla. Stat. (1989) (providing that sentencing

SHINGLER v. State

74 So. 3d 171, 2011 Fla. App. LEXIS 18124, 2011 WL 5561245

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2549924

Published

the case of a felony of the first degree, section 775.084(4)(b)1., mandates a life sentence; it does

Stephens v. State

69 So. 3d 1084, 2011 Fla. App. LEXIS 15072, 2011 WL 4420058

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 60302434

Published

not satisfy the sequential requirement of section 775.084(5), Florida Statutes (2008), necessary for

Alcorn v. State

82 So. 3d 875, 2011 Fla. App. LEXIS 8392, 2011 WL 2200625

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60306282

Published

more than five years before the instant offense. § 775.084(l)(a), Fla. Stat. (2003). This legal determination

White v. State

60 So. 3d 1101, 2011 Fla. App. LEXIS 6042, 2011 WL 1597679

District Court of Appeal of Florida | Filed: Apr 29, 2011 | Docket: 60300058

Published

necessity of public protection in accordance with section 775.084(3)(a)(6), Florida Statutes. This conclusion

Lutz v. State

60 So. 3d 500, 2011 Fla. App. LEXIS 5646, 2011 WL 1501988

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300235

Published

felony judgments and sentences pursuant to section 775.084(l)(a), Florida Statutes (2008), resentenced

Griggs v. State

60 So. 3d 495, 2011 WL 1485974

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2059455

Published

and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 775.084(1)(b)1.d., Fla. Stat. (2002).

Roca v. State

58 So. 3d 384, 2011 Fla. App. LEXIS 4866, 2011 WL 1331547

District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299343

Published

thirty years as a habitual felony offender. See § 775.084(4)(a)(2), Fla. Stat. (1991). Perhaps the postconviction

Balladares v. State

57 So. 3d 992, 2011 Fla. App. LEXIS 4799, 2011 WL 1262158

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299235

Published

offender statute which would permit this sentence, § 775.084, Fla. Stat. (2008), was, as all agree, unjustified

State v. Scott

51 So. 3d 642, 2011 Fla. App. LEXIS 211, 2011 WL 148319

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60297689

Published

penalty under Florida’s habitual offender statute.2 § 775.084, Fla. Stat. (2009). Pursuant to the sentencing

Starkes v. State

46 So. 3d 621, 2010 Fla. App. LEXIS 15538, 2010 WL 3984885

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1457730

Published

for the offense of possession of cocaine. Section 775.084(1)(a)(3), Florida Statutes, provides that the

Bell v. State

45 So. 3d 937, 2010 Fla. App. LEXIS 15574, 2010 WL 3985255

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296087

Published

satisfy the sequential conviction requirement. See § 775.084(l)(c), (2), (5), Fla. Stat. (1997). The trial

Roberts v. State

46 So. 3d 1057, 2010 Fla. App. LEXIS 15142, 2010 WL 3927245

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 2573446

Published

qualifying offenses. PRR sentencing does not. Compare § 775.084(l)(d), Fla. Stat., with § 775.082(9)(a)l., Fla

Robinson v. State

41 So. 3d 959, 2010 Fla. App. LEXIS 10681, 2010 WL 2867951

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1238186

Published

pronounced a habitual offender for purposes of section 775.084(4)(a), Florida Statutes (2007). The trial court

United States v. Euladio Santiago, Jr.

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 2010 | Docket: 2907496

Published

for habitual felony offenders, Fla. Stat. Ann. § 775.084. See United States v. Jefferson, 88 F.3d 240

Edwards v. State

31 So. 3d 932, 2010 Fla. App. LEXIS 4290, 2010 WL 1233502

District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 2540309

Published

of possession of a controlled substance. See § 775.084(1)(a)(3), Fla. Stat. (1996). The court labeled

Wigfals v. State

29 So. 3d 1198, 2010 Fla. App. LEXIS 3126, 2010 WL 843925

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 60288879

Published

offender sentence is not a guidelines sentence. See § 775.084(4)(h), Fla. Stat. (2006); cf. State v. Matthews

Bauer v. State

31 So. 3d 220, 2010 Fla. App. LEXIS 2539, 2010 WL 711789

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2563954

Published

conviction for HFO sentencing. He is wrong. See § 775.084(1)(a), Fla. Stat. (1999). It continues to concern

Akins v. State

98 So. 3d 60, 2009 Fla. App. LEXIS 20367, 2009 WL 5125174

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60312482

Published

defendant to “an extended term of imprisonment.” § 775.084(l)(a). The habitual felony offender status was

Williams v. State

28 So. 3d 70, 2009 Fla. App. LEXIS 19492, 2009 WL 4604276

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1652537

Published

specifically exempted from the guidelines. Cf. § 775.084(4)(g), Fla. Stat. (1997) (a habitual offender

Beazley v. State

18 So. 3d 46, 2009 Fla. App. LEXIS 13349, 2009 WL 2877630

District Court of Appeal of Florida | Filed: Sep 10, 2009 | Docket: 60252120

Published

committed during such probationary period.[2] § 775.084(2), Fla. Stat. (1997). In Overstreet v. State

Cribbs v. State

32 So. 3d 88, 2009 Fla. App. LEXIS 12663, 2009 WL 2634075

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 2540106

Published

as required for VCC sentence enhancement. See § 775.084(1)(d), Fla. Stat. (2002). This claim was previously

Alvarado v. State

9 So. 3d 1273, 2009 Fla. App. LEXIS 3857, 2009 WL 1139219

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1667210

Published

qualify as a violent felony offense under section 775.084, Florida Statutes (2005). He next asserts that

Russell v. State

8 So. 3d 1222, 2009 Fla. App. LEXIS 3838, 2009 WL 1139343

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 60305443

Published

PER CURIAM. Affirmed. See § 775.084, Fla. Stat. (1981); see also Shead, v. State, 367 So.2d 264, 267

Young v. State

9 So. 3d 713, 2009 Fla. App. LEXIS 3242, 2009 WL 1025808

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1667552

Published

incarceration as a violent career criminal. See § 775.084(4)(d), Fla. Stat. (2003). After the jury was empaneled

Jones v. State

11 So. 3d 397, 2009 Fla. App. LEXIS 2875, 2009 WL 928532

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1656738

Published

habitual violent felony offender (HVFO) statute, section 775.084(1)(b), Florida Statutes (2004). The appellant's

Moss v. State

9 So. 3d 674, 2009 Fla. App. LEXIS 2860, 2009 WL 928603

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1220359

Published

five years after his release from prison. See § 775.084(1)(a)2., Fla. Stat. (1993). Contrary to the defendant's

Vasquez v. State

2 So. 3d 1126, 2009 Fla. App. LEXIS 1939, 2009 WL 529580

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 60256716

Published

of the current felony offense. See Fla. Stat. § 775.084(l)(a)(2005). See, e.g., Sosa v. State, 902 So

McDonald v. State

2 So. 3d 1107, 2009 Fla. App. LEXIS 1279, 2009 WL 383542

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 60256702

Published

received as a violent career criminal pursuant to section 775.084(l)(d) of the Florida Statutes. The order on

Cooper v. State

126 So. 3d 252, 2008 Fla. App. LEXIS 21189, 2008 WL 5352921

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 60236350

Published

minimum term of ten years is a legal *253sentence. § 775.084(4)(d)3., Fla. Stat. (2000). In his brief here

Jackson v. State

126 So. 3d 251, 2008 Fla. App. LEXIS 18849, 2008 WL 5233591

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 60236349

Published

Jackson as a violent career criminal under section 775.084(l)(d), Florida Statutes (2003), and imposed

Champagne v. State

997 So. 2d 1164, 2008 WL 5156604

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1571532

Published

for which adjudication had been withheld, see § 775.084(2), Fla. Stat. (1991), but the statute did not

Wilder v. State

992 So. 2d 912, 2008 WL 4682605

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1388238

Published

and the 2001 statutes applied in Cribbs. See § 775.084(1)(d)(1)(a), Fla. Stat. (2000, 2001, 2004) (stating

Ruff v. State

990 So. 2d 704, 2008 WL 4330183

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 2573104

Published

and ten years for possession of cocaine. Section 775.084(1)(a)3., Florida Statutes (2003), provides:

Washington v. State

988 So. 2d 724, 2008 Fla. App. LEXIS 12350

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 64855501

Published

adjudication of guilt constitutes conviction under § 775.084(2), Fla. Stat. (2002)). The JRA statute, however

Washington v. State

988 So. 2d 724, 2008 WL 3850827

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 1385180

Published

adjudication of guilt constitutes conviction under § 775.084(2), Fla. Stat. (2002)). The JRA statute, however

Jones v. State

988 So. 2d 1109, 2008 Fla. App. LEXIS 10299, 2008 WL 2663776

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 64855538

Published

as a violent career criminal pursuant to- section 775.084, Florida Statutes (1999). This Court has repeatedly

Thompson v. State

987 So. 2d 727, 2008 Fla. App. LEXIS 9427, 2008 WL 2512095

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 64855288

Published

court to sentence him above the guidelines. See § 775.084(4)(e), Fla. Stat. (1989). Appellant filed a rule

Render v. State

983 So. 2d 753, 2008 WL 2357002

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756289

Published

enhancement as a habitual offender pursuant to section 775.084, was, therefore, proper. The cases relied upon

Cokley v. State

981 So. 2d 582, 2008 WL 1986482

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1515724

Published

improperly sentenced under the 1989 version of section 775.084, Florida Statutes, which did not require sequential

Phillips v. State

972 So. 2d 297, 2008 WL 182243

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 201202

Published

sequential predicate offenses required by section 775.084(5), Florida Statutes (Supp.1996). The record

Witt v. State

973 So. 2d 619, 2008 WL 185532

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2561997

Published

habitual violent felony offender pursuant to section 775.084(4)(b), Florida Statutes (1995): THIS CAUSE

Hargrove v. State

987 So. 2d 679, 2007 Fla. App. LEXIS 20231, 2007 WL 4462998

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 64855280

Published

reverse and remand the sentence as an HFO. Section 775.084(l)(a), Florida Statutes (2005), provides that

Vann v. State

970 So. 2d 878, 2007 WL 4322339

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1694811

Published

Accordingly, we affirm his conviction and sentence. Section 775.084(3)(b)(2), Florida Statutes (2004), the HFO

Orona v. State

968 So. 2d 1060, 2007 Fla. App. LEXIS 19183, 2007 WL 4245419

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 64853108

Published

$1050 fine and five percent surcharge. Neither section 775.084, Florida Statutes (2004), nor any companion

Williams v. State

964 So. 2d 765, 2007 Fla. App. LEXIS 13435, 2007 WL 2457431

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 64852416

Published

violent felony offender (HVFO) pursuant to section 775.084(4)(b), Florida Statutes (1997). The postconviction

Dolansky v. State

964 So. 2d 188, 2007 Fla. App. LEXIS 12942, 2007 WL 2362337

District Court of Appeal of Florida | Filed: Aug 21, 2007 | Docket: 64852132

Published

Fla. Stat. (2004). Under the HFO statute, section 775.084(4)(a)(l), Florida Statutes (2004), life and

Campbell v. State

963 So. 2d 848, 2007 Fla. App. LEXIS 12237, 2007 WL 2254737

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64852018

Published

Statutes and replace them with references to section 775.084, Florida Statutes and to reflect the proper

Campbell v. State

963 So. 2d 848, 2007 Fla. App. LEXIS 12237, 2007 WL 2254737

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64852018

Published

Statutes and replace them with references to section 775.084, Florida Statutes and to reflect the proper

Scott v. State

962 So. 2d 986, 2007 Fla. App. LEXIS 11786

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851828

Published

PER CURIAM. Affirmed. See § 775.084(4)(b)(2), Fla. Stat. (2001).

Scott v. State

962 So. 2d 986, 2007 WL 2188634

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 887374

Published

and SHEPHERD, JJ. PER CURIAM. Affirmed. See § 775.084(4)(b)(2), Fla. Stat. (2001).

Bessette v. State

975 So. 2d 478, 2007 WL 1857809

District Court of Appeal of Florida | Filed: Jun 29, 2007 | Docket: 2539062

Published

his violent career criminal sentencing under section 775.084(4)(d), Florida Statutes (2003). Because the

Williams v. State

955 So. 2d 1155, 2007 Fla. App. LEXIS 4672, 2007 WL 934899

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 64850549

Published

because of the timing of the conviction. See § 775.084(5), Fla. Stat. (2005). We therefore strike the

Ashe v. State

951 So. 2d 1023, 2007 Fla. App. LEXIS 4480, 2007 WL 879009

District Court of Appeal of Florida | Filed: Mar 26, 2007 | Docket: 64849765

Published

timely file written notice as required by Section 775.084(3)(b)2, Florida Statutes (2003), and Ashley

Pleasure v. State

951 So. 2d 50, 2007 Fla. App. LEXIS 3298, 2007 WL 676002

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 64849689

Published

as an habitual felony offender. Pursuant to section 775.084(4)(a)(l), Florida Statutes, when sentencing

Mills v. State

949 So. 2d 1186, 2007 Fla. App. LEXIS 3268, 2007 WL 649333

District Court of Appeal of Florida | Filed: Mar 6, 2007 | Docket: 64849538

Published

sentence was in error on two grounds. First, section 775.084(l)(a)(3), Florida Statutes (2004), specifically

Zink v. State

951 So. 2d 34, 2007 Fla. App. LEXIS 3065, 2007 WL 624070

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 64849680

Published

must have three or more qualifying convictions. § 775.084(l)(d), Fla. Stat. (2002). Qualifying convictions

Bryant v. State

947 So. 2d 636, 2007 Fla. App. LEXIS 682, 2007 WL 162533

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 64848721

Published

PER CURIAM. Affirmed. See § 775.084(3)(d)2, Fla. Stat. STONE, KLEIN and GROSS, JJ., concur.

Wilcox v. State

947 So. 2d 627, 2007 Fla. App. LEXIS 417, 2007 WL 102105

District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 64848716

Published

exceed the maximum sentences permitted by statute. § 775.084(4)(b)2, Fla. Stat. (1989). We therefore reverse

Cribbs v. State

946 So. 2d 1232, 2007 Fla. App. LEXIS 169, 2007 WL 57829

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848628

Published

in prison under the habitual offender statute. § 775.084(4)(a)(3), Fla. Stat. (2004). The trial court also

Nesbitt v. State

946 So. 2d 609, 2007 Fla. App. LEXIS 43, 2007 WL 5785

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848569

Published

requirement of the habitual felony offender statute, section 775.084(5), Florida Statutes (1999). See also Teal

Nesbitt v. State

946 So. 2d 609, 2007 Fla. App. LEXIS 43, 2007 WL 5785

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848569

Published

requirement of the habitual felony offender statute, section 775.084(5), Florida Statutes (1999). See also Teal

Bennett v. State

946 So. 2d 84, 2006 WL 3780809

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 2563779

Published

same day during the same sentencing proceeding. § 775.084(5), Fla. Stat. (2004). In response to his motion

Petruny v. State

944 So. 2d 481, 2006 Fla. App. LEXIS 19948, 2006 WL 3422155

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 64848242

Published

constitute “sentences” as contemplated by section 775.084(5), Florida Statutes (1999). See Richardson

Bell v. State

943 So. 2d 263, 2006 Fla. App. LEXIS 19116

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64848038

Published

PER CURIAM. Affirmed. § 775.084(l)(d)3b, Fla. Stat. (2005).

Bell v. State

943 So. 2d 263, 2006 WL 3302638

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 2549517

Published

SHEPHERD, and SUAREZ, JJ. PER CURIAM. Affirmed. § 775.084(1)(d)3b, Fla. Stat. (2005).

Clarke v. State

941 So. 2d 593, 2006 Fla. App. LEXIS 19138, 2006 WL 3300361

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64847776

Published

one year of imprisonment, as is required by section 775.084(l)(e), Florida Statutes (2003). Appellant argues

Teal v. State

940 So. 2d 1103, 2006 WL 2827552

Supreme Court of Florida | Filed: Oct 5, 2006 | Docket: 934347

Published

requirement of the habitual felony offender statute, section 775.084(5), Florida Statutes (1999). See State v. Richardson

Mays v. State

944 So. 2d 397, 2006 Fla. App. LEXIS 16420, 2006 WL 2819559

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 64848232

Published

a HVFO is not affected by the amendment to section 775.084, Florida Statutes, contained in Chapter 89-280

Good v. State

936 So. 2d 1224, 2006 Fla. App. LEXIS 15195, 2006 WL 2615165

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 64846465

Published

criminal episode contrary to the requirements of Fla. Stat. 775.084.” After receiving the State’s response, the

Chacon v. State

937 So. 2d 1177, 2006 Fla. App. LEXIS 14893, 2006 WL 2548229

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846875

Published

him for enhancement under section 775.084(d)(1), Fla. Stat (2005). See § 775.084(d)(1), Fla. Stat. (2005)

Anderson v. State

935 So. 2d 579, 2006 Fla. App. LEXIS 12854, 2006 WL 2136456

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 64846100

Published

PER CURIAM. Affirmed. See § 775.084, Fla. Stat. (2003); State v. Richardson, 915 So.2d 86 (Fla.2005);

Kiley v. State

936 So. 2d 674, 2006 Fla. App. LEXIS 12356, 2006 WL 2056883

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64846313

Published

the conviction” of the prior enumerated felony. § 775.084(l)(b)2.b„ Fla. Stat. Kiley committed the murder

Allmond v. State

933 So. 2d 1250, 2006 WL 2008710

District Court of Appeal of Florida | Filed: Jul 20, 2006 | Docket: 2528178

Published

years' imprisonment for each count pursuant to section 775.084(4)(b)(1), Florida Statutes (1995), is facially

Miller v. State

932 So. 2d 1239, 2006 Fla. App. LEXIS 11599, 2006 WL 1888563

District Court of Appeal of Florida | Filed: Jul 11, 2006 | Docket: 64845680

Published

10-year minimum mandatory term authorized under section 775.084(4)(b)2, Florida Statutes (Supp.1996). Therefore

Stanley v. State

934 So. 2d 562, 2006 Fla. App. LEXIS 10181, 2006 WL 1686507

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 64845851

Published

minimums exceed the minimum terms authorized by § 775.084(4)(b), Florida Statutes, we remand for re-sentencing

Stanley v. State

934 So. 2d 562, 2006 Fla. App. LEXIS 10181, 2006 WL 1686507

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 64845851

Published

minimums exceed the minimum terms authorized by § 775.084(4)(b), Florida Statutes, we remand for re-sentencing

Smith v. State

929 So. 2d 1189, 2006 Fla. App. LEXIS 8958, 2006 WL 1541026

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64844823

Published

part that “[i]f sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and

Smith v. State

934 So. 2d 543, 2006 Fla. App. LEXIS 8152, 2006 WL 1410128

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64845848

Published

felony. The defendant was sentenced pursuant to section 775.084(4), as a habitual violent offender to ten years

Lopez v. State

925 So. 2d 1105, 2006 Fla. App. LEXIS 4863, 2006 WL 1117961

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843709

Published

offender sentence for a third-degree felony. See § 775.084(4)(a)(3), Fla. Stat. (Supp.1998) (requiring that

Graham v. State

933 So. 2d 1, 2006 WL 547972

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 2549200

Published

purposes of sentencing as a violent career criminal. § 775.084(1)(d)1.a and § 776.08, Fla. Stat. (2003); see

Greene v. State

922 So. 2d 1040, 2006 Fla. App. LEXIS 3920, 2006 WL 828647

District Court of Appeal of Florida | Filed: Mar 7, 2006 | Docket: 64842805

Published

PER CURIAM. AFFIRMED. See § 775.084(1)(a)2.b., Fla. Stat. (2004). PLEUS, C.J., THOMPSON and MONACO,

Monfiston v. State

924 So. 2d 61, 2006 Fla. App. LEXIS 1886, 2006 WL 349488

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64843102

Published

we held that a “shotgun notice” pursuant to section 775.084, Florida Statutes, provided a defendant with

Bayron v. State

921 So. 2d 719, 2006 Fla. App. LEXIS 1819, 2006 WL 335645

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842510

Published

habitual felony offender sentencing under section 775.084. As to this claim, we affirm. The defendant

Cooper v. State

918 So. 2d 450, 2006 Fla. App. LEXIS 706, 2006 WL 167957

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 64841783

Published

court does not sufficiently demonstrate such. See § 775.084, Fla. Stat. (2001); O’Neal v. State, 862 So.2d

Williams v. State

918 So. 2d 406, 2006 Fla. App. LEXIS 462, 2006 WL 140428

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64841772

Published

fifteen-year minimum. The State concedes error. Section 775.084(4)(b)(l), Florida Statutes (2000), provides

Murph v. State

921 So. 2d 654, 2005 Fla. App. LEXIS 20212, 2005 WL 3534438

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64842505

Published

not have the requisite prior convictions. See § 775.084(l)(d), Florida Statutes (1999). This claim is

Kraus v. State

921 So. 2d 645, 2005 Fla. App. LEXIS 17200, 2005 WL 2862219

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64842503

Published

sentence on count one exceeds the legal maximum. See § 775.084(4)(b)2., Fla. Stat. (2001). On count one the mandatory

Heath v. State

917 So. 2d 903, 2005 WL 2656264

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 2087750

Published

qualifying offense for an HVFO adjudication. See § 775.084(1)(b)1.n., Fla. Stat. (2002). The defendant contends

Pita v. State

911 So. 2d 205, 2005 Fla. App. LEXIS 14820, 2005 WL 2294497

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840437

Published

habitual felony sentences in those cases. See § 775.084, Fla. Stat. (2000). The state concedes, and the

Wilson v. State

907 So. 2d 650, 2005 Fla. App. LEXIS 11948, 2005 WL 1762436

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839694

Published

of the predi*651cate offenses enumerated in section 775.084(l)(b)l, Florida Statutes (2000), we vacate

Humiston v. State

908 So. 2d 1098, 2005 Fla. App. LEXIS 11064, 2005 WL 1681020

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64840007

Published

(Fla. 5th DCA 2004) (holding a sentence under section 775.084, Florida Statutes, the Habitual Felony Offender

Dragani v. State

907 So. 2d 1237, 2005 Fla. App. LEXIS 11897, 2005 WL 1924319

District Court of Appeal of Florida | Filed: Jul 19, 2005 | Docket: 64839749

Published

Canales v. State, 571 So.2d 87 (Fla. 5th DCA 1990); § 775.084(1)(b), Fla. Stat. AFFIRMED. SHARP, W., PETERSON

Parham v. State

915 So. 2d 191, 2005 Fla. App. LEXIS 10800, 2005 WL 1631113

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 64840988

Published

degree felony, and remand for resentencing. See § 775.084(4)(a)(3), Fla. Stat. (1993)(a habitual felony

Butts v. State

905 So. 2d 988, 2005 Fla. App. LEXIS 10057, 2005 WL 1523426

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64839465

Published

PER CURIAM. Affirmed. See § 775.084(1)(a)1, (1)(a)2 b, Fla. Stat. (1999).

Quintana v. State

913 So. 2d 628, 2005 Fla. App. LEXIS 10038, 2005 WL 1522619

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64840758

Published

State v. Barnes, 595 So.2d 22, 23 (Fla.1992); § 775.084(1)(a)1., Fla. Stat. (Supp.1988); ch. 88-131, §§

Osborn v. State

915 So. 2d 189, 2005 WL 1524113

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1690640

Published

is exempt from the sentencing guidelines. See § 775.084(4)(e), Fla. Stat. (2002). The defendant claims

Brown v. State

906 So. 2d 1135, 2005 Fla. App. LEXIS 9215, 2005 WL 1398481

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 64839599

Published

qualified prior “sentence” for purposes of section 775.084, Florida Statutes (1997). As the trial judge

Hill v. State

912 So. 2d 610, 2005 Fla. App. LEXIS 8789, 2005 WL 1364608

District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 64840630

Published

that the State’s notice of enhancement under section 775.084, Florida Statutes (2000), was deficient. Such

Martinez v. State

904 So. 2d 565, 2005 Fla. App. LEXIS 9081, 2005 WL 1334979

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 64839056

Published

intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes, did provide him adequate

Rousseau v. State

902 So. 2d 880, 2005 Fla. App. LEXIS 8011, 2005 WL 1249074

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838497

Published

habitual sentences were not en*881hanced under section 775.084(4), Florida Statutes (1991), because the term

Williams v. State

902 So. 2d 270, 2005 Fla. App. LEXIS 7425, 2005 WL 1172016

District Court of Appeal of Florida | Filed: May 19, 2005 | Docket: 64838408

Published

felony. See § 784.082(3), Fla. Stat. (2002); § 775.084(4)(a)3, Fla. Stat. (2002). Williams was sentenced

Efraimson v. State

901 So. 2d 1002, 2005 Fla. App. LEXIS 7286, 2005 WL 1162949

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838126

Published

seek habitualization. As such, pursuant to section 775.084(4)(a)(1), Florida Statutes (1983), after being

Smith v. State

905 So. 2d 918, 2005 Fla. App. LEXIS 6780, 2005 WL 1109501

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 64839432

Published

conviction that is to be counted as a prior felony.” § 775.084(5), Fla. Stat. (1995). The sequential conviction

Smith v. State

905 So. 2d 918, 2005 Fla. App. LEXIS 6780, 2005 WL 1109501

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 64839432

Published

conviction that is to be counted as a prior felony.” § 775.084(5), Fla. Stat. (1995). The sequential conviction

McClendon v. State

905 So. 2d 916, 2005 Fla. App. LEXIS 5972, 2005 WL 957929

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64839431

Published

intent to seek enhanced penalties pursuant to § 775.084, Fla. Stat. did not provide him adequate notice

Scott v. State

898 So. 2d 1213, 2005 Fla. App. LEXIS 5433, 2005 WL 901179

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837488

Published

Where a third degree felony is involved, section 775.084(4)(b)3 makes an offender ineligible for release

Anderson v. State

901 So. 2d 213, 2005 Fla. App. LEXIS 4659, 2005 WL 767046

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 64838005

Published

state filed a notice of intent, pursuant to section 775.084, Florida Statutes, seeking to declare Anderson

White v. State

898 So. 2d 1061, 2005 Fla. App. LEXIS 3594, 2005 WL 607918

District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 64837440

Published

of this appeal. The relevant subsections of section 775.084, Florida Statutes (2002), provide as follows:

Forcelledo v. State

898 So. 2d 1058, 2005 WL 602910

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1448357

Published

INTENTION TO SEEK ENHANCED PENALTY PURSUANT TO F.S. 775.084 AND REQUEST FOR ORDER FOR PRE-SENTENCE INVESTIGATION

Brown v. State

912 So. 2d 7, 2005 WL 545200

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1649628

Published

as a habitual felony offender, pursuant to section 775.084, Florida Statutes, for the conviction on count

Sosa v. State

902 So. 2d 186, 2005 Fla. App. LEXIS 2468, 2005 WL 475348

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64838385

Published

offender sentencing enhancement pursuant to section 775.084(l)(a), Florida Statutes (1993). Sosa also contends

Williams v. State

896 So. 2d 812, 2005 Fla. App. LEXIS 1587, 2005 WL 357001

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 64836878

Published

subject him to habitualization pursuant to section 775.084, Florida Statutes. (2003). This error, however

Fletcher v. State

892 So. 2d 565, 2005 Fla. App. LEXIS 1343, 2005 WL 292987

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64835768

Published

him as a habitual violent felony offender. See § 775.084(l)(b), Fla. Stat. (2000); Weford v. State, 784

Washington v. State

895 So. 2d 1141, 2005 Fla. App. LEXIS 1372

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64836528

Published

sentencing schemes under Florida Statutes section 775.084. The notice of intent states: COMES NOW the

Shorter v. State

891 So. 2d 1146, 2005 Fla. App. LEXIS 572, 2005 WL 156742

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835653

Published

pardon or had the conviction set aside. Fla. Stat. § 775.084(l)(d)l-6. For purposes of the habitual offender

Mills v. State

889 So. 2d 1009, 2004 Fla. App. LEXIS 20044, 2004 WL 3001142

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835201

Published

Rule of Criminal Procedure 3.800. We affirm. § 775.084(l)(b), Fla. Stat. (2004); Weford, v. State, 784

Mills v. State

889 So. 2d 1009, 2004 Fla. App. LEXIS 20044, 2004 WL 3001142

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835201

Published

Rule of Criminal Procedure 3.800. We affirm. § 775.084(l)(b), Fla. Stat. (2004); Weford, v. State, 784

Jones v. State

889 So. 2d 172, 2004 Fla. App. LEXIS 19138, 2004 WL 2896461

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64834994

Published

thirty years in prison for a second degree felony. § 775.084(4)(a)(2), Fla. Stat. (2000). A prison releasee

Johnson v. State

885 So. 2d 443, 2004 Fla. App. LEXIS 15402, 29 Fla. L. Weekly Fed. D 2349

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 64833714

Published

habitual felony offender sentence. We agree that section 775.084(1), Florida Statutes (2002), 'requires, among

Harrison v. State

883 So. 2d 895, 2004 Fla. App. LEXIS 14455, 2004 WL 2191756

District Court of Appeal of Florida | Filed: Oct 1, 2004 | Docket: 64833113

Published

So.2d at 374. Furthermore, “[p]ursuant to section 775.084(l)(a)(3), Florida Statutes (1995), a defendant

Harrison v. State

883 So. 2d 895, 2004 Fla. App. LEXIS 14455, 2004 WL 2191756

District Court of Appeal of Florida | Filed: Oct 1, 2004 | Docket: 64833113

Published

So.2d at 374. Furthermore, “[p]ursuant to section 775.084(l)(a)(3), Florida Statutes (1995), a defendant

Fitzpatrick v. State

884 So. 2d 981, 2004 Fla. App. LEXIS 13811, 2004 WL 2098705

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64833641

Published

and grand theft with a firearm pursuant to section 775.084(3)(a)(6), Florida Statutes (1997). This Court

Ingraham v. State

882 So. 2d 1104, 2004 Fla. App. LEXIS 13884, 2004 WL 2101959

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832880

Published

predicate conviction necessary to satisfy section 775.084(1)(a)2, Florida Statutes (1997), then his habitual

Davis v. State

880 So. 2d 1292, 2004 Fla. App. LEXIS 13373, 2004 WL 2003358

District Court of Appeal of Florida | Filed: Sep 9, 2004 | Docket: 64832338

Published

to commit a felony” enumerated in the statute. § 775.084(l)(b)l., Fla. Stat. (2003) (emphasis added). The

Lynch v. State

881 So. 2d 93, 2004 Fla. App. LEXIS 12469, 2004 WL 1877362

District Court of Appeal of Florida | Filed: Aug 24, 2004 | Docket: 64832393

Published

constitute a qualifying offense pursuant to section 775.084(l)(a)(2)(b) and (l)(a)(3), Florida Statutes

Cooper v. State

884 So. 2d 286, 2004 Fla. App. LEXIS 11871, 2004 WL 1810071

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833469

Published

State, 800 So.2d 243 (Fla. 2d DCA 2001). Section 775.084, Florida Statutes, provides that the maximum

Vickers v. State

875 So. 2d 1288, 2004 Fla. App. LEXIS 10092, 2004 WL 1530928

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 64831217

Published

convictions is not a violation of section 893.13. See § 775.084(l)(a)(3), Fla. Stat. (1997). The trial court’s

Mackey v. State

884 So. 2d 118, 2004 Fla. App. LEXIS 9720, 2004 WL 1474493

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 64833435

Published

intent to seek a habitual offender sentence. § 775.084(3)(a)(2), Fla. Stat. (1995); Pitts v. State, 766

Turner v. State

875 So. 2d 731, 2004 Fla. App. LEXIS 8320, 2004 WL 1284157

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 64831114

Published

three counts of robbery with a handgun under section 775.084(4)(d), Florida Statutes (1999). The written

Moore v. State

874 So. 2d 727, 2004 Fla. App. LEXIS 8057, 2004 WL 1253220

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830957

Published

defendant as a habitual violent felony offender. See § 775.084(l)(b)l.c., Fla. Stat. (1993). Thus, Johnson would

Brooks v. State

873 So. 2d 1284, 2004 Fla. App. LEXIS 7743, 2004 WL 1196701

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64830790

Published

offender, is not an enumerated offense under section 775.084(l)(b), Florida Statutes (2000). This court

Harper v. State

869 So. 2d 715, 2004 Fla. App. LEXIS 4546, 2004 WL 726833

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 64829196

Published

for offenses committed prior to that date. See § 775.084(5), Fla. Stat. (1997); Rhodes v. State, 704 So

Johnson v. State

869 So. 2d 584, 2004 Fla. App. LEXIS 2517, 2004 WL 869219

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64829153

Published

PER CURIAM. AFFIRMED. See section 775.084(2), Florida Statutes. PALMER, ORFINGER and MONACO, JJ., concur

Travaglia v. State

864 So. 2d 1221, 2004 Fla. App. LEXIS 476, 2004 WL 119358

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 64827851

Published

REMANDED. PETERSON and GRIFFIN, JJ„ concur. . § 775.084(l)(d), Fla. Stat. (2000).

Wilson v. State

866 So. 2d 78, 2003 Fla. App. LEXIS 18345, 2003 WL 22849517

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64828255

Published

PER CURIAM. Affirmed. § 775.084, Fla. Stat. (l)(b)2., Fla. Stat. (2000).

Odom v. State

859 So. 2d 569, 2003 Fla. App. LEXIS 17655, 2003 WL 22737384

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826491

Published

committed during such probationary period.” See § 775.084(2), Fla. Stat. (1995). As he had been adjudicated

Rich v. State

859 So. 2d 550, 2003 Fla. App. LEXIS 17636, 2003 WL 22717635

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826483

Published

a habitual violent felony offender, under section 775.084(1)(b), Florida Statutes, and remand for re-sentencing

Fillmore v. State

858 So. 2d 1223, 2003 Fla. App. LEXIS 17069, 2003 WL 22658508

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 64826411

Published

Perkowski pre-dated a significant change to section 775.084(5), Florida Statutes. See Ch. 93-406, § 2,

Mills v. State

870 So. 2d 46, 2003 Fla. App. LEXIS 15220, 2003 WL 22316893

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64829600

Published

qualified as an HVFO under the amendments to section 775.084, Florida Statutes (Supp.1998), in chapter 99-188

Rodriguez v. Moore

853 So. 2d 571, 2003 Fla. App. LEXIS 13156, 2003 WL 22047653

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 64824748

Published

sentencing as a violent career criminal pursuant to section 775.084(d), Florida Statutes (1999). We therefore vacate

Restaino v. State

854 So. 2d 226, 2003 Fla. App. LEXIS 12342, 2003 WL 21919714

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 64824973

Published

would receive an enhanced sentence pursuant to section 775.084, Florida Statutes (1995) if he violated probation

Cox v. State

855 So. 2d 142, 2003 Fla. App. LEXIS 12343, 2003 WL 21919757

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 64825239

Published

for an enumerated felony, whichever is later. § 775.084(l)(b)2., Fla. Stat. (Supp.1996). Under this statute

Battles v. State

846 So. 2d 1191, 2003 Fla. App. LEXIS 7899, 2003 WL 21219040

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64823272

Published

violent felony offenders were already present in section 775.084, Florida Statutes, when the legislature adopted

Johnson v. State

845 So. 2d 963, 2003 Fla. App. LEXIS 7122, 2003 WL 21087143

District Court of Appeal of Florida | Filed: May 15, 2003 | Docket: 64822935

Published

minimum mandatory term of 15 years pursuant to section 775.084, Florida Statutes (1991). Appellant now seeks

Cookshot v. State

846 So. 2d 604, 2003 Fla. App. LEXIS 7061, 2003 WL 21075943

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64823199

Published

supreme court declared only those portions of section 775.084, Florida Statutes (1995), enacted in *605chapter

Antinarelli v. State

845 So. 2d 269, 2003 Fla. App. LEXIS 7880, 2003 WL 21295884

District Court of Appeal of Florida | Filed: May 13, 2003 | Docket: 64822844

Published

PER CURIAM. AFFIRMED. See Section 775.084(4)(a), Fla. Stat (2001). PETERSON, SAWAYA and MONACO, JJ.

Purdy v. State

844 So. 2d 758, 2003 Fla. App. LEXIS 6889, 2003 WL 21032037

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64822748

Published

§ 784.07(2)(b), Fla. Stat. (Supp.1998). In section 775.084, the Legislature has also authorized increased

Swiggum v. State

843 So. 2d 1041, 2003 WL 21031973

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1670418

Published

legal, but the minimum mandatory term is not. § 775.084(4)(a). However, again, the court did not orally

Gadsen v. State

849 So. 2d 358, 2003 Fla. App. LEXIS 6719, 2003 WL 21033263

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64823938

Published

sentenced as a habitual felony offender. See § 775.084(l)(a)(3), Fla. Stat. (1997). We therefore reverse

Rivera v. State

843 So. 2d 348, 2003 Fla. App. LEXIS 5683, 28 Fla. L. Weekly Fed. D 1041

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64822365

Published

impermissi-bly exceed the maximum sentence of ten years. § 775.084(4)(a), Fla. Stat. (1999). Accordingly, on remand

Edwards v. State

839 So. 2d 806, 2003 Fla. App. LEXIS 2473, 2003 WL 718248

District Court of Appeal of Florida | Filed: Mar 4, 2003 | Docket: 64821217

Published

So.2d 727, 729 (Fla. 1st DCA 2002). See also § 775.084(l)(a)(3), Fla. Stat. (1999). AFFIRMED. BOOTH,

Bertances v. State

838 So. 2d 620, 2003 Fla. App. LEXIS 2162, 2003 WL 468166

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64820964

Published

habitual offender designation, as required by section 775.084(3)(a), Florida Statutes (2000), entitles him

Gray v. State

837 So. 2d 612, 2003 Fla. App. LEXIS 1992, 2003 WL 365988

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 64820764

Published

classify a defendant as an habitual offender. See § 775.084(l)(a)l.a., Fla. Stat. (1981). An habitual offender

White v. State

837 So. 2d 607, 2003 Fla. App. LEXIS 1824, 2003 WL 354581

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 64820755

Published

a habitual felony offender sentence under section 775.084(l)(a), Florida Statutes (Supp.1998). The record

Rivera v. State

837 So. 2d 569, 2003 Fla. App. LEXIS 1385, 2003 WL 289351

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 64820740

Published

2001)(legislature did not intend dual designation under § 775.084); § 775.084(l)(a),(c), Fla. Stat. *570(2000). Accordingly

Macaluso v. State

836 So. 2d 1080, 2003 Fla. App. LEXIS 1118, 2003 WL 242921

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820625

Published

frame under the habitual offender statute. See § 775.084(l)(a), Fla. Stat. (1995). That claim is cognizable

Harper v. State

831 So. 2d 1238, 2002 Fla. App. LEXIS 18189, 2002 WL 31769223

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 64819378

Published

offense for which habitualization is sought. See § 775.084(5), Fla. Stat. (1999). The trial court failed

White v. Moore

827 So. 2d 382, 2002 Fla. App. LEXIS 14552, 2002 WL 31251697

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817921

Published

purposes of the habitual offender statute. See § 775.084(l)(a)2., Fla. Stat. (1991). The petition for writ

Robinson v. State

832 So. 2d 806, 2002 Fla. App. LEXIS 14546, 2002 WL 31251716

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64819493

Published

qualify the defendant as a habitual offender. See § 775.084(1)(a)1., Fla. Stat. (1991); Bover v. State, 797

Fernandez v. State

825 So. 2d 518, 2002 Fla. App. LEXIS 13158, 2002 WL 31015597

District Court of Appeal of Florida | Filed: Sep 11, 2002 | Docket: 64817333

Published

qualified as a habitual felony offender. See § 775.084(5), Fla. Stat. (1995). On remand the state may

LaMar v. State

823 So. 2d 231, 2002 Fla. App. LEXIS 10827, 2002 WL 1758389

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 64816787

Published

for a ten year mandatory minimum sentence. See § 775.084(4)(b)2, Fla. Stat. (1989). The state concedes

Inman v. State

824 So. 2d 218, 2002 Fla. App. LEXIS 10068, 2002 WL 1563774

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 64817040

Published

rule). We affirm in part and reverse in part. Section 775.084(4)(d), Florida Statutes (Supp.1996), requires

Hollis v. State

824 So. 2d 942, 2002 Fla. App. LEXIS 10039, 2002 WL 1560241

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 64817129

Published

adjudicated a habitual violent felony offender. See § 775.084(l)(b)2., Fla. Stat. (1993). The order denying

Love v. State

824 So. 2d 204, 2002 Fla. App. LEXIS 9801, 2002 WL 31040713

District Court of Appeal of Florida | Filed: Jul 9, 2002 | Docket: 64817036

Published

PER CURIAM. AFFIRMED. See § 775.084(4)(g), Fla. Stat. COBB, SHARP, W., and PALMER, JJ, concur.

Griggs v. State

821 So. 2d 1139, 2002 Fla. App. LEXIS 8784, 2002 WL 1370086

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 64816518

Published

accept the State’s concession of error, as section 775.084(4)(b), Florida Statutes (1997), doesn’t provide

Cadet v. State

816 So. 2d 1202, 2002 Fla. App. LEXIS 6918, 2002 WL 1021395

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 64815350

Published

committed a second degree felony is thirty years. § 775.084, Fla. Stat. (1999). Therefore, it was error to

Glover v. State

816 So. 2d 1173, 2002 Fla. App. LEXIS 6181, 2002 WL 898943

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815340

Published

sentence as a violent career criminal, under section 775.084(4)(c), Florida Statutes (1995), is illegal

Ashley v. State

816 So. 2d 170, 2002 Fla. App. LEXIS 5721, 2002 WL 805794

District Court of Appeal of Florida | Filed: May 1, 2002 | Docket: 64815043

Published

the date of his crime, October 22, 1992. See § 775.084, Fla. Stat. (1991). For that version of the habitual

Graham v. State

814 So. 2d 1209, 2002 Fla. App. LEXIS 5196, 2002 WL 662708

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814682

Published

qualify as a violent career criminal pursuant to section 775.084, Florida Statutes (1999) at the time this offense

Jones v. State

812 So. 2d 578, 2002 Fla. App. LEXIS 4305, 2002 WL 491725

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64813897

Published

habitual offender is ten years imprisonment. See Section 775.084(4)(a)3, Florida Statutes (1997); Day v. State

Barnes v. State

810 So. 2d 1027, 2002 Fla. App. LEXIS 2873, 2002 WL 360438

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 64813258

Published

as a violent career criminal pursuant' to section 775.084(l)(c), Florida Statutes (1995). Following a

Hampton v. State

805 So. 2d 1060, 2002 Fla. App. LEXIS 422, 2002 WL 82163

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64812022

Published

both felonies subject to habitualization. See § 775.084, Fla. Stat. (1993). The trial court’s denial of

Nelson v. State

807 So. 2d 98, 2002 Fla. App. LEXIS 170, 2002 WL 46849

District Court of Appeal of Florida | Filed: Jan 15, 2002 | Docket: 64812403

Published

question of whether appellant was sentenced under section 775.084, Florida Statutes, as an habitual felony offender

Hill v. State

804 So. 2d 524, 2002 Fla. App. LEXIS 13, 2002 WL 4590

District Court of Appeal of Florida | Filed: Jan 2, 2002 | Docket: 64811589

Published

are not among the enumerated offenses under section 775.084(l)(d)l,, Florida Statutes (2000), which qualify

Hallmon v. State

805 So. 2d 60, 2002 Fla. App. LEXIS 10, 2002 WL 4542

District Court of Appeal of Florida | Filed: Jan 2, 2002 | Docket: 64811756

Published

date of his release from a prior sentence. See § 775.084(l)(b)2.a, Fla. Stat. (1997). Since the State failed

Cordero v. State

814 So. 2d 465, 2001 Fla. App. LEXIS 17438, 2001 WL 1575805

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 64814501

Published

PER CURIAM. Affirmed. § 775.084(1)(B)1.j., Fla. Stat. (1993); Jackson v. State, 802 So.2d 387 (Fla.

Stoute v. State

802 So. 2d 408, 2001 Fla. App. LEXIS 16654, 2001 WL 1503269

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64810979

Published

prison as an habitual felony offender. Under section 775.084(1), Florida Statutes (1999), Stoute would qualify

Nix v. State

795 So. 2d 243, 2001 Fla. App. LEXIS 13596, 2001 WL 1142006

District Court of Appeal of Florida | Filed: Sep 28, 2001 | Docket: 64808810

Published

twenty-year prison term; noting that under section 775.084(4)(e), a habitual offender sentence is not

Blocker v. State

794 So. 2d 736, 2001 Fla. App. LEXIS 13296, 2001 WL 1103244

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 64808471

Published

exceeds the ten year maximum prescribed by section 775.084(4)(a), Florida Statutes (1999). Accordingly

Love v. State

792 So. 2d 710, 2001 Fla. App. LEXIS 12253, 2001 WL 991979

District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64807739

Published

charge of possession of cocaine in light of section 775.084(l)(a)(3), Florida Statutes. AFFIRMED in part;

Cooper v. State

800 So. 2d 243, 2001 Fla. App. LEXIS 12102, 2001 WL 980620

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64810301

Published

life under the habitual offender statute.1 See § 775.084, Fla. Stat. (1995). We therefore affirm the order

Markens v. State

793 So. 2d 1093, 2001 Fla. App. LEXIS 11879, 2001 WL 946311

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64808214

Published

whether the convictions were sequential. Section 775.084(5), Florida Statutes (1993), requires sequential

Thomas v. State

791 So. 2d 1254, 2001 Fla. App. LEXIS 11904, 2001 WL 946191

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64807606

Published

of armed robbery was, however, correct, see § § 775.084(l)(b), (4)(a), Fla. Stat. (1995); § 812.13(2)(a)

Cornet v. State

791 So. 2d 593, 2001 WL 945390

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1310390

Published

qualify defendant as a habitual felony offender. § 775.084(5), Fla. Stat. (1993); Rhodes v. State, 704 So

Johnson v. State

790 So. 2d 1163, 2001 Fla. App. LEXIS 9705, 2001 WL 788150

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64807249

Published

for habitual enhancement purposes because section 775.084(5) requires sequential convictions). Johnson’s

Bozarth v. State

789 So. 2d 419, 2001 Fla. App. LEXIS 8094, 2001 WL 669263

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 64806676

Published

habitual violent felony offender pursuant to section 775.084(l)(b), Florida Statutes (1999). At the sentencing

Leon v. State

787 So. 2d 960, 2001 Fla. App. LEXIS 8072, 2001 WL 649685

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806240

Published

previously been convicted of aggravated assault. § 775.084(l)(b)l.g., Fla. Stat. (1997). We conclude that

Vaughn v. State

787 So. 2d 961, 2001 Fla. App. LEXIS 8061, 2001 WL 649533

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806242

Published

2001); Lamont v. State, 610 So.2d 435 (Fla.1992); § 775.084, Fla. Stat. (1989). We likewise reverse the portion

Thomas v. State

786 So. 2d 1234, 2001 Fla. App. LEXIS 8434, 2001 WL 640718

District Court of Appeal of Florida | Filed: Jun 12, 2001 | Docket: 64805957

Published

habitual violent felony offender statute. See § 775.084(4)(b), Fla. Stat. (1999); see also State v. Hudson

Pennington v. State

785 So. 2d 1246, 2001 Fla. App. LEXIS 7734, 2001 WL 609244

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 64805638

Published

PER CURIAM. Affirmed. § 775.084(1)(b)1., Fla. Stat. (1995); McCoy v. State, 598 So.2d 169 (Fla. 1st

Hembree v. State

785 So. 2d 632, 2001 Fla. App. LEXIS 5951, 2001 WL 434910

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64805452

Published

PER CURIAM. AFFIRMED. See § 775.084(4)(g), Fla. Stat. (Supp.1996)(exempting habitual offender sentencing

Hembree v. State

785 So. 2d 632, 2001 Fla. App. LEXIS 5951, 2001 WL 434910

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64805452

Published

PER CURIAM. AFFIRMED. See § 775.084(4)(g), Fla. Stat. (Supp.1996)(exempting habitual offender sentencing

Sambito v. State

782 So. 2d 1012, 2001 Fla. App. LEXIS 5546, 2001 WL 417681

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64804902

Published

finding necessity for ha-bitualization under section 775.084, Florida Statutes. The statute, however, does

Bonner v. State

793 So. 2d 19, 2001 Fla. App. LEXIS 3878, 2001 WL 280477

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64807923

Published

the court found that the 1989 amendments to section 775.084, Florida Statutes (1989), were unconstitutional

Williams v. State

794 So. 2d 628, 2001 Fla. App. LEXIS 3221, 2001 WL 245787

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 64808427

Published

or more qualifying prior convictions, see section 775.084(l)(c)l, Florida Statutes (Supp.1996), but in

Hunter v. State

776 So. 2d 368, 2001 Fla. App. LEXIS 986, 2001 WL 85539

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 64803247

Published

Habitual Violent Felony Offender pursuant to section 775.084(4)(b) (1997). See Grant v. State, 770 So.2d

Leon v. State

826 So. 2d 1008, 2001 Fla. App. LEXIS 258, 2001 WL 37722

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 64817704

Published

to exceed the statutory maximum of ten years. § 775.084(4)(a)(3), Fla. Stat. (1997). Reversed and remanded

Watson v. State

774 So. 2d 902, 2001 Fla. App. LEXIS 24, 2001 WL 6186

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 64802791

Published

Habitual Felony Offender (HFO) pursuant to section 775.084. According to Grant v. State, 770 So.2d 655

Bryant v. State

774 So. 2d 824, 2000 Fla. App. LEXIS 16899, 2000 WL 1872569

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 64802774

Published

count 2 exceeds the legal maximum set forth in section 775.084(4)(c)3, Florida Statutes (1997). Accordingly

Mitchell v. State

773 So. 2d 1250, 2000 Fla. App. LEXIS 16252, 2000 WL 1841864

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802586

Published

not themselves violent felonies according to section 775.084(l)(b), Florida Statutes (1999). Mitchell’s

Harrell v. State

773 So. 2d 1187, 2000 Fla. App. LEXIS 15420, 2000 WL 1744879

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802544

Published

date of his last conviction, as required by section 775.084(l)(a), Florida Statutes (1997). The trial court

Villegas-Alen v. State

797 So. 2d 1, 2000 Fla. App. LEXIS 14657, 2000 WL 1675864

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64809411

Published

for escape, appellant must be resentenced. See § 775.084(l)(e), Fla.Stat. (1997). Accordingly, we modify

Demps v. State

770 So. 2d 745, 2000 Fla. App. LEXIS 14608, 2000 WL 1671430

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801559

Published

offender (“HVFO”) under the applicable statute, section 775.084, Florida Statutes (Supp.1988). This court has

Williams v. State

770 So. 2d 713, 2000 Fla. App. LEXIS 13299, 2000 WL 1513729

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64801530

Published

sentenced under the guidelines rather than under section 775.084(1), Florida Statutes (1999). The state urges

Mancha v. State

768 So. 2d 1178, 2000 Fla. App. LEXIS 11740, 2000 WL 1299028

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 64800875

Published

as a violent career criminal, as defined in section 775.084, Florida Statutes (1995). After the Florida

Hankerson v. State

765 So. 2d 982, 2000 Fla. App. LEXIS 11330, 2000 WL 1258287

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 64799938

Published

95-182, Laws of Florida. That law amended section 775.084, Florida Statutes. (1993), to include life

Moore v. State

765 So. 2d 896, 2000 Fla. App. LEXIS 10716, 2000 WL 1187677

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 64799904

Published

violent career criminal imposed pursuant to section 775.084, Florida Statutes (1995), amended by chapter

Wright v. State

779 So. 2d 399, 2000 WL 1055496

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 1521043

Published

error and that the court intended to apply section 775.084(4)(b)3, Florida Statutes (Supp.1996), which

White v. State

776 So. 2d 935, 2000 Fla. App. LEXIS 9441, 2000 WL 1034621

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64803334

Published

sentenced White as a violent career criminal under section 775.084(1)(c), Florida Statutes (Supp.1996). In State

Morris v. State

772 So. 2d 3, 2000 Fla. App. LEXIS 8972, 2000 WL 985880

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 64801932

Published

which the trial court imposed pursuant to section 775.084, Florida Statutes (1995), as amended by chapter

Rodriguez v. State

762 So. 2d 586, 2000 Fla. App. LEXIS 9349, 2000 WL 986393

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 64798725

Published

sentence as a Violent Career Criminal under section 775.084, Florida Statutes (1995). We find no merit

Busby v. State

765 So. 2d 49, 25 Fla. L. Weekly Supp. 594, 2000 Fla. LEXIS 1445, 2000 WL 966708

Supreme Court of Florida | Filed: Jul 14, 2000 | Docket: 64799612

Published

sentenced as a violent career criminal pursuant to section 775.084(l)(c), Florida Statutes (1995). Busby sought

Watson v. State

764 So. 2d 577, 25 Fla. L. Weekly Supp. 601, 2000 Fla. LEXIS 1443, 2000 WL 963910

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 64799357

Published

sentenced as a violent career criminal pursuant to section 775.084(l)(c), Florida Statutes (1995). Watson appealed

Tillman v. State

759 So. 2d 677, 25 Fla. L. Weekly Supp. 408, 2000 Fla. LEXIS 918, 2000 WL 633031

Supreme Court of Florida | Filed: May 18, 2000 | Docket: 64797779

Published

sentence you in accordance with the statute [section 775.084] to 15 years as a violent career criminal,

Webb v. State

767 So. 2d 481, 2000 Fla. App. LEXIS 5170, 2000 WL 554376

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 64800455

Published

qualified as a violent career criminal under section 775.084(l)(c), Florida Statutes (Supp.1996).1 Webb

Williams v. State

779 So. 2d 363, 2000 Fla. App. LEXIS 4410, 2000 WL 376964

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64804125

Published

criminal under section 775.084(1)(c), Florida Statutes (1995), an amendment to section 775.084, Florida Statutes

Williams v. State

779 So. 2d 363, 2000 WL 376875

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64804126

Published

criminal under section 775.084(1)(c), Florida Statutes (1995), an amendment to section 775.084, Florida Statutes

Gulley v. State

758 So. 2d 635, 2000 WL 328402

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 1404163

Published

relating to violent career criminals. Compare § 775.084(4)(b)3., Fla. Stat. (1995) (stating that a trial

Young v. State

753 So. 2d 786, 2000 Fla. App. LEXIS 3713, 2000 WL 313680

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64796004

Published

PER CURIAM. Affirmed. See § 775.084(4)(a),(b), Fla. Stat. (1989); Burdick v. State, 594 So.2d 267 (Fla

Brown v. State

753 So. 2d 760, 2000 Fla. App. LEXIS 3426, 2000 WL 294501

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64795973

Published

subject matter constitutional challenge to section 775.084(l)(c), Florida Statutes (1997). WARNER, C.J

Jackson v. State

752 So. 2d 1261, 2000 Fla. App. LEXIS 2711, 2000 WL 275240

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795745

Published

criminal under section 775.084(1)(c), Florida Statutes (1995), an amendment to section 775.084, Florida Statutes

Johnson v. State

753 So. 2d 657, 2000 Fla. App. LEXIS 2280, 2000 WL 257096

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64795936

Published

subject matter constitutional challenge to section 775.084(1)(c), Florida Statutes (1997). WARNER, C.J

Williams v. State

751 So. 2d 196, 2000 Fla. App. LEXIS 1844, 2000 WL 217635

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 64795008

Published

objection to the habitualization as to Count II. Section 775.084(1)(a)(3), Florida Statutes (1997) specifies

Johnson v. State

752 So. 2d 702, 2000 Fla. App. LEXIS 1444, 2000 WL 192169

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 64795579

Published

habitual violent felony offender. We agree. Under section 775.084(l)(a)(2)(b), Florida Statutes (1997), to be

Hicks v. State

750 So. 2d 730, 2000 Fla. App. LEXIS 484, 2000 WL 60236

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64794747

Published

the defendant as a habitual offender under section 775.084, Florida Statutes (1999), because the record

Upshaw v. State

749 So. 2d 543, 2000 Fla. App. LEXIS 2, 2000 WL 3945

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64794199

Published

on the possession of cocaine conviction. See § 775.084(l)(a)3., Fla. Stat. (1997). Affirmed in part,

Taylor v. State

749 So. 2d 533, 1999 Fla. App. LEXIS 17262, 1999 WL 1260140

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64794194

Published

habitual violent felony offender sentencing under section 775.084, Florida Statutes (Supp.1988). We affirm the

Hope v. State

751 So. 2d 657, 1999 Fla. App. LEXIS 17291, 1999 WL 1259911

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64795186

Published

an habitual offender under Florida Statutes section 775.084. See § 812.014, Fla. Stat.; Burke v. State

Keaton v. State

744 So. 2d 1235, 1999 Fla. App. LEXIS 14921, 1999 WL 1024081

District Court of Appeal of Florida | Filed: Nov 12, 1999 | Docket: 64792241

Published

degree felony is thirty years incarceration. See § 775.084(4)(b)(2), Fla. Stat. (1997). In this case, the

Anderson v. State

744 So. 2d 1201, 1999 Fla. App. LEXIS 14632, 1999 WL 999998

District Court of Appeal of Florida | Filed: Nov 5, 1999 | Docket: 64792226

Published

PER CURIAM. AFFIRMED. See § 775.084(4)(e), Fla. Stat. (1993). DAUKSCH, GOSHORN and THOMPSON, JJ., concur

State v. Douglas

744 So. 2d 1182, 1999 Fla. App. LEXIS 14538, 1999 WL 992732

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64792216

Published

as a habitual felony offender pursuant to section 775.084, Florida Statutes (1997), but sentenced him

Drumwright v. State

743 So. 2d 1120, 1999 Fla. App. LEXIS 12114, 1999 WL 729076

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791891

Published

of five years as an habitual violent offender. § 775.084(4)(b)(3), Fla.Stat. (1997). We also note that

Loriga v. State

738 So. 2d 1033, 1999 Fla. App. LEXIS 11692, 1999 WL 674528

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64789981

Published

PER CURIAM. Affirmed. § 775.084(3)(b)(s), Fla. Stat. (1997).

Edwards v. State

743 So. 2d 76, 1999 Fla. App. LEXIS 11631, 1999 WL 650597

District Court of Appeal of Florida | Filed: Aug 27, 1999 | Docket: 64791649

Published

as a predicate offense for habitualization. Section 775.084(l)(a)3, Florida Statutes, requires that “[t]he

Spencer v. State

739 So. 2d 1247, 1999 Fla. App. LEXIS 11037, 1999 WL 618188

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64790510

Published

began to serve precluded resen-tencing under section 775.084. See Davis v. State, 587 So.2d 580, 581 (Fla

Carson v. State

739 So. 2d 653, 1999 Fla. App. LEXIS 10440, 1999 WL 560212

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64790285

Published

conviction that is to be counted as a prior felony. § 775.084(5), Fla. Stat. (1993). In Rhodes v. State, 704

Whitaker v. State

784 So. 2d 448, 1999 Fla. App. LEXIS 9708, 1999 WL 510773

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64805173

Published

penalty to a potential life sentence under Section 775.084, Florida Statutes (1997). Since he faced a

Moten v. State

735 So. 2d 566, 1999 Fla. App. LEXIS 7581, 1999 WL 371352

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 64788883

Published

was necessary for protection of the public. See § 775.084(4)(c), Fla. Stat. (1991); ch. 88-131, § 6, at

Salters v. State

731 So. 2d 791, 1999 Fla. App. LEXIS 5093, 1999 WL 228515

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 64787999

Published

cocaine, to a habitual felony offender sentence. Section 775.084(l)(a)3., Florida Statutes (1995), precludes

State v. Alexander

731 So. 2d 82, 1999 Fla. App. LEXIS 4309, 1999 WL 187185

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787807

Published

sentence under the “Gort Act” as prescribed by section 775.084(3)(b)l, Florida Statutes (1997).2 *83Later

Smith v. Moore

170 F.3d 1051

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 212194

Published

r enhancement under Florida law, Fla. Stat. § 775.084(1)(b). The Florida court determined that Smith

Carpenter v. State

740 So. 2d 556, 1999 Fla. App. LEXIS 3395, 1999 WL 152538

District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 64790659

Published

violent felony offender (“HVFO”) pursuant to section 775.084, Florida Statutes (1993). The trial court correctly

Payne v. State

730 So. 2d 332, 1999 Fla. App. LEXIS 2413, 1999 WL 105098

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 64787498

Published

sentenced as a habitual felony offender under section 775.084, Florida Statutes (Supp.1996), challenges the

Singleton v. State

724 So. 2d 710, 1999 Fla. App. LEXIS 654, 1999 WL 30667

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 64785611

Published

sentence as a violent career criminal pursuant to section 775.084(c), Florida Statutes (Supp.1996). See State

Adams v. State

724 So. 2d 137, 1998 Fla. App. LEXIS 15008, 1998 WL 821798

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64785460

Published

KLEIN, STEVENSON and SHAHOOD, JJ., concur. . Section 775.084, Florida Statutes, the habitual offender statute

Price v. State

721 So. 2d 360, 1998 Fla. App. LEXIS 13691, 1998 WL 750873

District Court of Appeal of Florida | Filed: Oct 27, 1998 | Docket: 64784519

Published

2d 22 (Fla.1992), the legislature amended section 775.084(5) to insert the following language: In order

Blatch v. State

719 So. 2d 965, 1998 Fla. App. LEXIS 12904, 1998 WL 712891

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64783824

Published

possession of cocaine is not authorized by section 775.084(l)(a)3, Florida Statutes (1997), because that

Williams v. State

717 So. 2d 619, 1998 Fla. App. LEXIS 11991

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64782812

Published

offender did not qualify for that purpose under section 775.084(1)(b), Florida Statutes (1997). See Small v

Tullis v. State

779 So. 2d 278, 1998 WL 428806

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64804074

Published

weapon, a first-degree felony. Pursuant to section 775.084(4)(c)l., Florida Statutes (1995), the trial

Jackson v. State

712 So. 2d 467, 1998 Fla. App. LEXIS 7988, 1998 WL 347118

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781356

Published

violent habitual felony offender statute, section 775.084(4)(b)l, Florida Statutes, and the three-year

Glover v. State

702 So. 2d 561, 1997 Fla. App. LEXIS 13137, 1997 WL 715660

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 64777276

Published

intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes. On November 4,1996, Glover’s

Frear v. State

700 So. 2d 465, 1997 Fla. App. LEXIS 12004, 1997 WL 655958

District Court of Appeal of Florida | Filed: Oct 23, 1997 | Docket: 64776204

Published

criminal” is clearly (and extensively) defined in section 775.084(l)(c). As with statutes generally, section

Gagger v. State

699 So. 2d 347, 1997 Fla. App. LEXIS 10840, 1997 WL 594124

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 64775887

Published

operation of the habitual offender statute. Section 775.084(l)(a)3, Florida Statutes (1993), does not permit

Barber v. State

699 So. 2d 325, 1997 Fla. App. LEXIS 10713, 1997 WL 587038

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 64775869

Published

cocaine with intent to sell, arguing that Section 775.084(l)(a)3, Florida Statutes (1995), does not permit

King v. State

698 So. 2d 1321, 1997 Fla. App. LEXIS 10133, 1997 WL 559442

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 64775622

Published

criminal pursuant to section 775.084(1), Florida Statutes (1995). Section 775.084 provides three criteria

Mancini v. State

693 So. 2d 64, 1997 WL 163544

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 2584390

Published

*65 classified as a habitual offender under section 775.084(1)(a), Florida Statutes (1989) because the

Wright v. State

683 So. 2d 1166, 1996 Fla. App. LEXIS 13151, 1996 WL 724199

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769460

Published

with intent to sell. Effective June 1993, section 775.084(l)(a)3, Florida Statutes (1993), was amended

Moye v. State

683 So. 2d 624, 1996 Fla. App. LEXIS 12293, 1996 WL 673348

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 64769354

Published

JJ., concur. . Compare § 775.084(4)(a)(l), Fla. Stat. (1995) with § 775.084(4)(b)(l), Fla. Stat. (1993)

Burns v. State

682 So. 2d 675, 1996 Fla. App. LEXIS 11639, 1996 WL 637669

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 64768760

Published

presen-tence investigation report as required by section 775.084(3)(a), Florida Statutes (1995). Appellant did

Carridine v. State

680 So. 2d 1059, 1996 Fla. App. LEXIS 10049, 1996 WL 539836

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 64768106

Published

intention to seek enhanced penalty pursuant to section 775.084, Florida Statutes. At various hearings which

Mitchell v. State

678 So. 2d 515, 1996 Fla. App. LEXIS 9099, 1996 WL 487855

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 64766756

Published

without eligibility for release for ten years. Section 775.084(3)(d), Florida Statutes (1993) requires the

O'Neill v. State

684 So. 2d 720, 21 Fla. L. Weekly Supp. 338, 1996 Fla. LEXIS 1416, 1996 WL 473322

Supreme Court of Florida | Filed: Aug 22, 1996 | Docket: 64769671

Published

PENALTIES, BE DEEMED A “QUALIFIED OFFENSE” UNDER SECTION 775.084 AND USED TO IMPOSE A HABITUAL OFFENDER SENTENCE

Williams v. State

678 So. 2d 443, 1996 Fla. App. LEXIS 8222, 1996 WL 441631

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766715

Published

these life felonies cannot be enhanced under section 775.084(4), Florida Statutes (1993) or section 794

Moore v. State

677 So. 2d 58, 1996 Fla. App. LEXIS 7811, 1996 WL 387770

District Court of Appeal of Florida | Filed: Jul 12, 1996 | Docket: 64766236

Published

Judge. Although the necessary predicate under section 775.084(l)(a)2, Florida Statutes (1991), for sentencing

Schmidt v. State

676 So. 2d 27, 1996 Fla. App. LEXIS 6341, 1996 WL 329517

District Court of Appeal of Florida | Filed: Jun 18, 1996 | Docket: 64765987

Published

definition of a “qualified offense” found in section 775.084(l)(e), Florida Statutes (1993), before appellant

Cobas v. State

671 So. 2d 838, 1996 Fla. App. LEXIS 3539, 1996 WL 165402

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763873

Published

allowed for a second-degree felony is thirty years. § 775.084, Fla.Stat. (1995). The enhanced statutory maximum

Quarterman v. State

670 So. 2d 1169, 1996 Fla. App. LEXIS 3311, 1996 WL 148579

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 64763522

Published

02(3), Florida Statutes (1993). Pursuant to section 775.084(3)(b), Florida Statutes (1993), the State filed

Robinson v. State

680 So. 2d 481, 1996 Fla. App. LEXIS 3035, 1996 WL 134306

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64767851

Published

offense” under the habitual offender statute, section 775.084, Florida Statutes (1993), because it does not

Lee v. State

685 So. 2d 1319, 1996 Fla. App. LEXIS 916, 1996 WL 50872

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64770247

Published

as a habitual felony offender pursuant to section 775.084(l)(a), Florida Statutes (1989). In her motion

Brown v. State

662 So. 2d 1358, 1995 Fla. App. LEXIS 12289, 1995 WL 689515

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760209

Published

applied to all defendants sentenced under section 775.084 whose offenses were committed after that date

Brown v. State

662 So. 2d 1356, 1995 Fla. App. LEXIS 12176, 1995 WL 686687

District Court of Appeal of Florida | Filed: Nov 21, 1995 | Docket: 64760208

Published

committing a second-degree felony was 30 years. § 775.084(4)(a), Fla.Stat. According to appellant’s allegations

Wicker v. State

655 So. 2d 1240, 1995 Fla. App. LEXIS 5723, 1995 WL 316323

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64756685

Published

appellant as a habitual felony offender under section 775.084, Florida Statutes (1991), to thirty years’

Allen v. State

654 So. 2d 1027, 1995 Fla. App. LEXIS 5244, 1995 WL 293724

District Court of Appeal of Florida | Filed: May 16, 1995 | Docket: 64756203

Published

offender on the basis of a single predicate offense. § 775.084, Fla.Stat. (1993). Appellant was on community

Eversole v. State

651 So. 2d 240, 1995 Fla. App. LEXIS 2061, 1995 WL 84572

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64754644

Published

an habitual offender sentence pursuant to section 775.084, Florida Statutes (1993). After the trial judge

Ashley v. State

651 So. 2d 728, 1995 Fla. App. LEXIS 1966, 1995 WL 79777

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 64754854

Published

habitual offender sentences. Ashley points to section 775.084, Florida Statutes (1987), which provides in

Howard v. State

648 So. 2d 1250, 1995 Fla. App. LEXIS 459, 1995 WL 25302

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 64753647

Published

appellant’s challenge of the constitutionality of section 775.084, Florida Statutes (1989), nor in his contention

McCants v. State

648 So. 2d 319, 1995 Fla. App. LEXIS 150, 1995 WL 13436

District Court of Appeal of Florida | Filed: Jan 17, 1995 | Docket: 64753273

Published

as a habitual violent felony offender under section 775.084, Florida Statutes, to a total of 30 years with

King v. State

648 So. 2d 183, 1994 Fla. App. LEXIS 13196

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 64753229

Published

offender, by up to 30 years’ imprisonment under section 775.084, Florida Statutes (1989). A court imposing

Green v. State

647 So. 2d 274, 1994 Fla. App. LEXIS 11960, 1994 WL 685604

District Court of Appeal of Florida | Filed: Dec 9, 1994 | Docket: 64752936

Published

required under the habitual offender statute, section 775.084, Florida Statutes (1991). We affirm on all

Washington v. State

653 So. 2d 362, 19 Fla. L. Weekly Supp. 647, 1994 Fla. LEXIS 1874

Supreme Court of Florida | Filed: Dec 8, 1994 | Docket: 64755457

Published

habitual violent felony offender statute. See § 775.084(1)(b)l., Fla. Stat. (1989). His sexual battery

DaCosta v. State

647 So. 2d 818, 1994 WL 684005

Supreme Court of Florida | Filed: Dec 8, 1994 | Docket: 437471

Published

MAKE THE REQUISITE STATUTORY FINDINGS UNDER SECTION 775.084(1)(a)1 AND 2 IS SUBJECT TO THE SAME HARMLESS

Arnold v. State

645 So. 2d 418, 19 Fla. L. Weekly Supp. 597, 1994 Fla. LEXIS 1808, 1994 WL 643749

Supreme Court of Florida | Filed: Nov 17, 1994 | Docket: 64752229

Published

MAKE THE REQUISITE STATUTORY FINDINGS UNDER SECTION 775.084(l)(a) 1 AND 2 IS SUBJECT TO THE SAME HARMLESS

Alfrod v. State

644 So. 2d 549, 1994 Fla. App. LEXIS 9469, 1994 WL 535074

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751787

Published

adjudicated a habitual violent felony offender. See § 775.084(1)(b), Fla.Stat. (1993). The trial court declined

Thomas v. State

642 So. 2d 673, 1994 Fla. App. LEXIS 9047, 1994 WL 513558

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 64750855

Published

not qualify as a “habitual offender” under section 775.084(l)(a)(l), Florida Statutes (1989). The trial

Thomas v. State

642 So. 2d 673, 1994 Fla. App. LEXIS 9047, 1994 WL 513558

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 64750855

Published

not qualify as a “habitual offender” under section 775.084(l)(a)(l), Florida Statutes (1989). The trial

Jackson v. State

641 So. 2d 965, 1994 Fla. App. LEXIS 8670, 1994 WL 483445

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750538

Published

offender and imposed enhanced sentences under section 775.084, Florida Statutes, on all three convictions

Williams v. State

641 So. 2d 913, 1994 Fla. App. LEXIS 7213, 1994 WL 380922

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 64750509

Published

State, 561 So.2d 1281 (Fla. 2d DCA 1990). Section 775.084(3), Florida Statutes (1985), required that

Wesley v. State

638 So. 2d 987, 1994 Fla. App. LEXIS 5726, 1994 WL 256922

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 64749316

Published

specifically enumerated as a qualifying felony in section 775.084(l)(b)l., Florida Statutes (1991). We reject

State v. Rinkins

634 So. 2d 763, 1994 Fla. App. LEXIS 3064, 1994 WL 106227

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747414

Published

found that Rinkins meets the requirements of section 775.084, Florida Statutes (1991). A finding was made

Williams v. State

630 So. 2d 676, 1994 Fla. App. LEXIS 194, 19 Fla. L. Weekly Fed. D 198

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 64745866

Published

version of the habitual offender statute, i.e., section '775.084(1)(b)(1), Florida Statutes (1989), which permitted

Wilridge v. State

625 So. 2d 1329, 1993 Fla. App. LEXIS 11203, 1993 WL 452296

District Court of Appeal of Florida | Filed: Nov 8, 1993 | Docket: 64743839

Published

affirm appellant’s sentence imposed pursuant to section 775.084, Florida Statutes (1991), for the armed robbery

Brown v. State

626 So. 2d 297, 1993 Fla. App. LEXIS 11151, 1993 WL 452123

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64743908

Published

in failing to make the findings required by section 775.084(l)(a), Florida *298Statutes (1991),3 and in

Oliver v. State

619 So. 2d 384, 1993 Fla. App. LEXIS 5884, 1993 WL 177941

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696596

Published

case law decided prior to the amendment of section 775.084(l)(a)l. by Ch. 89-280, Laws of Florida, permitting

White v. State

617 So. 2d 875, 1993 Fla. App. LEXIS 5480, 1993 WL 165651

District Court of Appeal of Florida | Filed: May 18, 1993 | Docket: 64695918

Published

declared a habitual felony offender under Section 775.084, Florida Statutes (1991). The sole point on

Crenshaw v. State

616 So. 2d 1219, 1993 Fla. App. LEXIS 4597, 1993 WL 128849

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 64695688

Published

failure to make any of the findings required by section 775.-084(1)(a), Florida Statutes (1991). In response

Huston v. State

616 So. 2d 1214, 1993 Fla. App. LEXIS 4502, 1993 WL 125165

District Court of Appeal of Florida | Filed: Apr 23, 1993 | Docket: 64695686

Published

applied to all defendants sentenced under section 775.084 after that date. Consequently, the amendments

Murphy v. State

616 So. 2d 1100, 1993 Fla. App. LEXIS 3867, 1993 WL 102148

District Court of Appeal of Florida | Filed: Apr 8, 1993 | Docket: 64695646

Published

constitutionality of the habitual felony offender statute, section 775.084, Florida Statutes (1989), asserting that it

Demons v. State

614 So. 2d 47, 1993 Fla. App. LEXIS 2443, 1993 WL 64807

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694445

Published

as an habitual felony offender pursuant to section 775.084(l)(a), Florida Statutes (1989), the trial court

Howard v. State

615 So. 2d 229, 1993 Fla. App. LEXIS 2435, 1993 WL 57713

District Court of Appeal of Florida | Filed: Mar 8, 1993 | Docket: 64694920

Published

offender without making the findings set forth at section 775.-084(l)(a), Florida Statutes (1989). Howard’s appellate

Donald v. State

613 So. 2d 935, 1993 Fla. App. LEXIS 2098, 1993 WL 39623

District Court of Appeal of Florida | Filed: Feb 18, 1993 | Docket: 64694101

Published

sentence in accordance with the provisions of F.S. 775.084.” It is a settled rule of law that the written

McLain v. State

612 So. 2d 664, 1993 Fla. App. LEXIS 209, 1993 WL 10838

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 64693752

Published

a first degree felony punishable by life. See § 775.-084(4), Fla.Stat. (1989). A defendant convicted of

Grant v. State

611 So. 2d 110, 1992 Fla. App. LEXIS 13125, 1992 WL 389063

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 64693154

Published

qualify under the habitual offender statute. Section 775.084(2), Florida Statutes (1991) provides that “the

Clinton v. State

611 So. 2d 50, 1992 Fla. App. LEXIS 13335, 1992 WL 383047

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693132

Published

failing to make any of the findings required by section 775.084(l)(a), Florida Statutes (1989). We reverse

Henderson v. State

611 So. 2d 51, 1992 Fla. App. LEXIS 13336, 1992 WL 383048

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693133

Published

to support the trial court’s findings as to section 775.084(l)(a)3. and 4., Florida Statutes (1989). We

Arnold v. State

611 So. 2d 21, 1992 Fla. App. LEXIS 13003, 1992 WL 381780

District Court of Appeal of Florida | Filed: Dec 22, 1992 | Docket: 64693123

Published

failed to make the finding *22specified at section 775.084(l)(b)(4), Florida Statutes (1989), that the

Faison v. State

608 So. 2d 591, 1992 Fla. App. LEXIS 12095, 1992 WL 353205

District Court of Appeal of Florida | Filed: Dec 2, 1992 | Docket: 64692106

Published

to make the specific findings required by section 775.084(l)(a), Florida Statutes (1989), when sentencing

Overstreet v. State

611 So. 2d 1262, 1992 Fla. App. LEXIS 12056, 1992 WL 340154

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64693376

Published

offender classification. The state relies upon section 775.084(2), Florida Statutes, which provides that probation

Gaines v. State

605 So. 2d 1030, 1992 Fla. App. LEXIS 11144, 1992 WL 308635

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 64670163

Published

that Gaines had prior felony convictions, section 775.084(l)(a)l., Florida Statutes, but did not find

Russell v. State

605 So. 2d 1342, 1992 Fla. App. LEXIS 11052, 1992 WL 281857

District Court of Appeal of Florida | Filed: Oct 21, 1992 | Docket: 64670516

Published

offender in accordance with the provisions of section 775.084, Florida Statutes. Under the sentence portion

Lee v. State

606 So. 2d 1222, 1992 Fla. App. LEXIS 10607, 1992 WL 277245

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 64670912

Published

are not subject to enhancement pursuant to section 775.084, Florida Statutes (1983). We affirm in part

Fuller v. State

605 So. 2d 1307, 1992 Fla. App. LEXIS 10561, 1992 WL 276944

District Court of Appeal of Florida | Filed: Oct 9, 1992 | Docket: 64670499

Published

Florida’s habitual felony offender statute, Section 775.084, Florida Statutes (1989), was violative of

Brintley v. Singletary

605 So. 2d 1303, 1992 Fla. App. LEXIS 10504, 1992 WL 276139

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 64670497

Published

See § 775.084(4)(e); Owens v. State, 560 So.2d 1260 (Fla. 1st DCA 1990). However, section 775.084(4)(e)

Tibbetts v. State

603 So. 2d 43, 1992 Fla. App. LEXIS 7939, 1992 WL 171003

District Court of Appeal of Florida | Filed: Jul 22, 1992 | Docket: 64669183

Published

Tibbetts a habitual violent felony offender under section 775.084(1)(b), Florida Statutes (1989). On appeal,

Blake v. State

602 So. 2d 674, 1992 Fla. App. LEXIS 7812, 1992 WL 162296

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 64669006

Published

minimum period of incarceration, pursuant to Section 775.-084(4)(b)l., Florida Statutes (Supp.1988). In

Rowe v. State

602 So. 2d 642, 1992 Fla. App. LEXIS 7474, 1992 WL 157434

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64668998

Published

to make the necessary findings pursuant to section 775.084, Florida Statutes (1987). On remand, the trial

McBride v. State

601 So. 2d 1335, 1992 Fla. App. LEXIS 7447, 1992 WL 157495

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64668805

Published

the Pinellas County habitual offender sentence. § 775.084(4)(e), Fla. Stat. (1991). That sentence, however

Young v. State

600 So. 2d 24, 1992 Fla. App. LEXIS 6018, 1992 WL 115688

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 64667886

Published

sentence under the habitual offender statute, section 775.084, Florida Statutes (1989). We affirm in part

Geter v. State

598 So. 2d 236, 1992 Fla. App. LEXIS 5052, 1992 WL 92443

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 64667132

Published

an habitual felon, and a declaration that section 775.084, Florida Statutes, is unconstitutional. At

Gilmore v. State

597 So. 2d 374, 1992 WL 73507

District Court of Appeal of Florida | Filed: Apr 15, 1992 | Docket: 315345

Published

CURIAM. Affirmed. As to the issue of whether section 775.084, Florida Statutes (1989), amendments to the

Parker v. State

593 So. 2d 1186, 1992 Fla. App. LEXIS 1282, 1992 WL 25986

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665388

Published

firearm and sentenced as a habitual offender. § 775.084, Fla.Stat. (1991). Because of the use of a firearm

Mancini v. State

593 So. 2d 1122, 1992 Fla. App. LEXIS 742, 1992 WL 16652

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 64665369

Published

sentence the defendant to an extended term_” § 775.084, Fla. Stat. (1977). Though the statute did not

Young v. State

592 So. 2d 1227, 1992 Fla. App. LEXIS 634, 1992 WL 16014

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 64664855

Published

appellant is a habitual felony offender under section 775.084, Florida Statutes (1989). The only record before

Gibson v. State

593 So. 2d 1064, 1992 Fla. App. LEXIS 81, 1992 WL 851

District Court of Appeal of Florida | Filed: Jan 6, 1992 | Docket: 64665364

Published

convicted of two or more felonies in this state.” § 775.084(l)(a)l, Fla.Stat. (Supp.1988). Although the statute

Johnson v. State

590 So. 2d 1110, 1991 Fla. App. LEXIS 12926, 1991 WL 275546

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64663994

Published

the habitual violent felony offender statute. § 775.084(l)(b), Fla.Stat. (1989). During the jury voir

Steiner v. State

591 So. 2d 1070, 1991 WL 279434

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64664430

Published

after declaring him a habitual offender under section 775.084, Florida Statutes (1989). I would find that

Brousseau v. State

590 So. 2d 997, 1991 Fla. App. LEXIS 12067, 1991 WL 254229

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 64663935

Published

five years on probation. However, pursuant to section 775.084(4)(b)3, the habitual violent offender sentencing

Hall v. State

588 So. 2d 1089, 1991 WL 239928

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 2570236

Published

new habitual violent felony offender statute, § 775.084(1)(b), Fla. Stat. (1989), to enhance the sentence

Forrest v. State

589 So. 2d 974, 1991 Fla. App. LEXIS 11281, 1991 WL 231852

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 64663269

Published

crimes in August 1988; the 1988 amendment to section 775.084 was not effective until October 1, 1988. The

Parker v. State

586 So. 2d 513, 1991 Fla. App. LEXIS 13918, 1991 WL 200195

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 64661809

Published

incarceration under the habitual offender statute. See § 775.084(4), Fla.Stat. (1989). Appellant contends that

Hayes v. State

587 So. 2d 578, 1991 Fla. App. LEXIS 9971, 1991 WL 202291

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 64662287

Published

the habitual felony offender provisions of Section 775.084, Florida Statutes (1989), it must be established

Helton v. State

585 So. 2d 412, 1991 Fla. App. LEXIS 8458, 1991 WL 167080

District Court of Appeal of Florida | Filed: Aug 28, 1991 | Docket: 64661346

Published

pursuant to the habitual offender statute, section 775.084, Florida Statutes (1989). Enhancement of the

Gould v. State

584 So. 2d 232, 1991 Fla. App. LEXIS 8187, 1991 WL 159165

District Court of Appeal of Florida | Filed: Aug 22, 1991 | Docket: 64660889

Published

enhancement by the habitual offender statute, section 775.084(4)(a)3, Florida Statutes (1989), the sentence

Harrison v. State

585 So. 2d 393, 1991 Fla. App. LEXIS 8190, 1991 WL 159158

District Court of Appeal of Florida | Filed: Aug 22, 1991 | Docket: 64661340

Published

pursuant to the Habitual Offender Act under section 775.-084(l)(a), Florida Statutes (1989). We af*394firm

Barber v. State

584 So. 2d 128, 1991 Fla. App. LEXIS 7780, 1991 WL 150398

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64660835

Published

sentence under the habitual offender statute, section 775.084(3)(d), Florida Statutes (1987). We find merit

Gilley v. State

585 So. 2d 323, 1991 Fla. App. LEXIS 7098, 1991 WL 136868

District Court of Appeal of Florida | Filed: Jul 26, 1991 | Docket: 64661330

Published

crime on August 23, 1989, and the amendment to section 775.084, Florida Statutes (1987), allowing consideration

Walsh v. State

579 So. 2d 908, 1991 Fla. App. LEXIS 4977, 1991 WL 87946

District Court of Appeal of Florida | Filed: May 30, 1991 | Docket: 64658840

Published

governs. This court has previously held that section 775.084(l)(a), Florida Statutes (Supp.1988)5 requires

Floyd v. State

576 So. 2d 846, 1991 Fla. App. LEXIS 2195, 1991 WL 32999

District Court of Appeal of Florida | Filed: Mar 14, 1991 | Docket: 64657447

Published

1986) which, prior to the 1988 amendment to section 775.084, Florida Statutes, required written reasons

Pinacle v. State

573 So. 2d 925, 1991 Fla. App. LEXIS 11, 1991 WL 118

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 64656033

Published

is required under the applicable statute, section 775.084, Florida Statutes (1987),1 to make specific

West v. State

571 So. 2d 89, 1990 Fla. App. LEXIS 9433, 1990 WL 202680

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 64654970

Published

protect the public from further criminal conduct. § 775.084(3), Fla.Stat. (1987); Webb v. State, 560 So.2d

Green v. State

561 So. 2d 1288, 1990 Fla. App. LEXIS 3717, 1990 WL 68673

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 64650826

Published

COWART, Judge. The habitual offender statute, section 775.084, Florida Statutes, was amended effective October

Dudeck v. State

516 So. 2d 986, 12 Fla. L. Weekly 2661, 1987 Fla. App. LEXIS 11105, 1987 WL 1685

District Court of Appeal of Florida | Filed: Nov 18, 1987 | Docket: 64631495

Published

years relying upon the habitual offender statute. § 775.084(4)(a)3, Fla. Stat. (1985). We have determined

Shuler v. State

502 So. 2d 46, 12 Fla. L. Weekly 468, 1987 Fla. App. LEXIS 6616

District Court of Appeal of Florida | Filed: Feb 4, 1987 | Docket: 64624871

Published

not have been sentenced to more than ten years. § 775.084(4)(a)(3), Fla.Stat. (1985). We, therefore, reverse

Neeley v. State

498 So. 2d 690, 12 Fla. L. Weekly 129, 1986 Fla. App. LEXIS 10984

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 64623536

Published

defendant is an Habitual Felony Offender under Florida Statute 775.-084. 2. The defendant’s past record and the

State v. Vicknair

498 So. 2d 416, 1986 Fla. LEXIS 2897, 11 Fla. L. Weekly 611

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 64623426

Published

defendant as an habitual offender pursuant to section 775.084, Florida Statutes, a permissible reason to

Hugger v. State

496 So. 2d 890, 11 Fla. L. Weekly 2216, 1986 Fla. App. LEXIS 10211

District Court of Appeal of Florida | Filed: Oct 17, 1986 | Docket: 64622627

Published

offender statute. § 775.084(3)(d), Fla.Stat. (1985). The state, pursuant to section 775.-084(3)(b), Florida

Welsh v. State

486 So. 2d 38, 11 Fla. L. Weekly 811, 1986 Fla. App. LEXIS 7123

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 64618404

Published

in support of her enhanced sentence under section 775.-084(3)(d), Florida Statutes (1983). Appellant

Borrell v. State

478 So. 2d 1185, 10 Fla. L. Weekly 2632, 1985 Fla. App. LEXIS 16972

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64615747

Published

pursuant to the habitual offender statute, section 775.084, Florida Statutes (1983). We affirm the conviction

Popolo v. State

477 So. 2d 1081, 10 Fla. L. Weekly 2442, 1985 Fla. App. LEXIS 16519

District Court of Appeal of Florida | Filed: Oct 31, 1985 | Docket: 64615192

Published

enhanced penalty as an habitual felony offender. § 775.084, Fla.Stat. (1983). Because the felony for which

Brown v. State

457 So. 2d 1079, 9 Fla. L. Weekly 1864, 1984 Fla. App. LEXIS 14927

District Court of Appeal of Florida | Filed: Aug 30, 1984 | Docket: 64607512

Published

necessary to protect the public, as is required by section 775.084(8), Fla.Stat. (1983).1 No contemporaneous objection

Lockwood v. State

452 So. 2d 1117, 1984 Fla. App. LEXIS 14080

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 64605946

Published

sentence may not exceed three years pursuant to section 775.084(4)(b)(l), Florida Statutes (1981). Appellant’s

Corbin v. State

445 So. 2d 1138, 1984 Fla. App. LEXIS 12044

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 64603177

Published

years as an habitual felony offender under section 775.084, Florida Statutes (1981). Corbin contends that

Dickinson v. State

395 So. 2d 620, 1981 Fla. App. LEXIS 19832

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64581153

Published

enhanced sentence as an habitual offender under § 775.084, Florida Statutes (1977) which we quash. The record

Roberts v. State

371 So. 2d 538, 1979 Fla. App. LEXIS 15117

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 64570400

Published

the Florida Habitual Felony Offender Act, Section 775.084, Florida Statutes (1975). The judgment and