CopyCited 33 times | Published | Supreme Court of Florida | 2005 WL 1572294
...us intent to punish career criminals with the most severe sanction possible. The State emphasizes two provisions: one expressly stating that the Legislature's intent in enacting these provisions was "to incarcerate [recidivists] for extended terms," § 775.0841, Fla....
...Rule of Lenity Based on the above analysis, we conclude that section
775.084 is ambiguous about whether multiple recidivist categories may be applied to a single criminal sentence. Although the Legislature certainly intended for recidivists to be sentenced "for extended terms," §
775.0841, Fla....
CopyCited 26 times | Published | Supreme Court of Florida | 2004 WL 2973856
...Peterson,
667 So.2d 199, 200 (Fla.1996) (internal quotation marks omitted) (quoting Peterson v. State,
651 So.2d 781, 782-83 (Fla. 4th DCA 1995)). The Legislature expressed that the primary purpose of the habitual felony offender statute is to incarcerate habitual offenders for extended terms. See §
775.0841, Fla. Stat. (1989). We have recognized that by enacting sections
775.084 and
775.0841 of the Florida Statutes "the legislature intended to provide for the incarceration of repeat felony offenders for longer periods of time.......
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12729, 2011 WL 3558148
...re severely than it punishes a first time offender. See §
775.084, Fla. Stat. (2008); see also Ewing v. California,
538 U.S. 11, 24-26,
123 S.Ct. 1179,
155 L.Ed.2d 108 (2003). The express legislative intent of Florida's HVFO statute is set forth in section
775.0841, Florida Statutes (2008), which provides: The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1992 WL 75643
...tate's limited penal resources in this case. Despite the significant cost to taxpayers generated by lengthy sentences, the legislature currently encourages trial judges to impose long sentences for defendants with only moderate criminal records. See § 775.0841, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1990 WL 145601
...defendant must have had successive felony convictions. Convictions that were entered on the same date were treated as a single offense. See Shead v. State,
367 So.2d 264 (Fla. 3d DCA 1979). We find nothing in the 1988 amendments to change that rule. Section
775.0841, Florida Statutes (1988 Supp.), provides:
775.0841 Legislative Findings and Intent....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1998 WL 158880
...n. (Emphasis added.) Thus, by the clear terms of the statute, once the defendant is classified as a violent career criminal, the statutorily prescribed sentence includes a mandatory minimum term of imprisonment. Further supporting this conclusion is section 775.0841, Florida Statutes (1995), which provides: Legislative findings and intent The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 167701
...ndant as an habitual offender. In initiating such a procedure, therefore, a trial court does not violate the separation of powers doctrine. We reject appellant's contention that the statutory statement of legislative findings and intent contained in section 775.0841 expresses that the habitual offender statute is to be implemented solely by prosecutors....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 14372, 2003 WL 22187578
...means which have a reasonable and substantial relation to its purpose which are not unreasonable, arbitrary, or capricious. State v. Saiez,
489 So.2d 1125, 1128 (Fla.1986). The legislative purpose of the violent career criminal statute is set out in section
775.0841: The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals.... The Legislature intends ... to incarcerate them for extended terms; and, in the case of violent career criminals, such extended terms must include substantial mandatory minimum terms of imprisonment. The legislative intent expressed in section
775.0841 applies to all career criminals and violent career criminals....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 13, 2002 WL 4590
...The statute does not limit the enhanced violent career criminal sentencing to only the primary felony offense. Such a limitation would be contrary to the intent of the statute, which is to punish those that qualify as career criminals, not just those who commit enumerated offenses. See § 775.0841, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1991 WL 279434
leniency, such as community control or probation. Section
775.0841, Florida Statutes (1989), states the legislative
