The 2023 Florida Statutes (including Special Session C)
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. . . provisions of section 921.0023 because of a reclassification of the degree of felony under section 775.0845 . . . increase in offense severity level may result from a reclassification of felony degrees under sections 775.0845 . . .
. . . We disagree with the defendant’s argument, because under the plain language of section 775.0845, Florida . . . Section 775.0845, Florida Statutes (2016), states, in pertinent part: The felony or misdemeanor degree . . . State, 212 So.3d 387, 390-91 (Fla. 4th DCA 2017) (juvenile violated section 775.0845 even .though juvenile . . . Such action constitutes. competent, substantial evidence that the defendant violated section 775.0845 . . .
. . . State, 810 So.2d 873 (Fla. 2002), the court held the same with regard to section 775.0845, which enhances . . .
. . . sentencing, as in the case of habitual offenders, section 775.084, and the wearing of a mask, section 775.0845 . . .
. . . Section 775.0845, Florida Statutes (2015), provides in pertinent part: The felony or misdemeanor degree . . . As seen above, neither section 775.0845 nor Standard Juxy Instruction 3.3(e) contain any requirement . . . only “a brief amount of time,” such use of his shirt to conceal his identity still violated section 775.0845 . . . State, 472 So.2d 537, 540 (Fla. 5th DCA 1985) (section 775.0845 “is aimed at criminals who employ devices . . .
. . . of assault or battery to the next higher degree if the victim was a law enforcement officer; section 775.0845 . . .
. . . See § 775.0845, Fla. Stat. (2010). . . .
. . . [I]f the legislature had intended section 775.0845 [Florida Statutes (1989) ] to reclassify offenses, . . . emergency medical care provider, public transit employee or agent, or other specified officer), and § 775.0845 . . .
. . . because the jury found that Tribbitt wore a mask during the commission of the attempted robbery, section 775.0845 . . . State, 838 So.2d 624, 625 (Fla. 4th DCA 2003) (noting that section 775.0845 "requires a scoresheet classification . . .
. . . sentence is illegal because it was enhanced twice, once because the jury found he wore a mask, section 775.0845 . . . Appellant’s argument that section 775.0845 is an enhancement, and not a reclassification of his crime . . . 678 So.2d 315 (Fla.1996), which appellant cites, has been superseded by the 1997 amendment to section 775.0845 . . .
. . . . §§ 812.13(2)(c), 775.0845(2)(b), Fla. Stat. (2001). . . .
. . . However, both cases were decided prior to the amendment of section 775.0845. . . . In 1995, section 775.0845, Florida Statutes (1995) was amended to clarity that “[f]or the purposes of . . . The prior version of section 775.0845 applied in Finch and Spicer, required that a penalty be increased . . .
. . . offense of robbery with a firearm and a mask in violation of sections 812.13(2)(a), 775.087(2), and 775.0845 . . .
. . . At the time Coney committed his offenses, section 775.0845, Florida Statutes (1993), authorized enhanced . . . By contrast, the current version of section 775.0845 is a felony reclassification statute. . . . See § 775.0845, Fla. Stat. (2002). . . . Nevertheless, under either version of 775.0845, the highest felony subject to reclassification or enhanced . . . Coney’s offense, a first degree felony punishable by life, does not implicate section 775.0845. . . .
. . . allow the courts to reclassify the offense and thus exceed the statutory maximum sentence: section 775.0845 . . .
. . . while wearing a mask in violation of sections 812.13(1) and (2)(a), Florida Statutes (2000) and section 775.0845 . . . that even if he did not wear a mask, Bartley could receive an enhanced sentence pursuant to section 775.0845 . . . court reversed our decision, and held that “a defendant’s sentence cannot be enhanced under section 775.0845 . . . robbery with a firearm or other deadly weapon without the sentencing enhancement authorized by section 775.0845 . . . information and the sentencing documents erroneously reference the use of a mask pursuant to section 775.0845 . . .
. . . This language is similar to that used in section 775.0845 which reclassifies the offense to the next . . . If, however, section 775.0845 is considered to be only a sentencing enhancer, then [State v. . . . See section 775.0845, Fla. Stat. (1997). . . . In view of this decision, I assume the Legislature will have to again amend section 775.0845, Florida . . . Statutes, and state expressly that section 777.011, Florida Statutes, applies to section 775.0845. . . . remained unmasked in his vehicle, his offenses cannot be reclassified under the provisions of section 775.0845 . . . Section 775.0845 provides: The felony or misdemeanor degree of any criminal offense, other than a violation . . . We hold that a defendant’s sentence cannot be enhanced under section 775.0845 without evidence establishing . . . decision that an accomplice to masked offenses is not guilty of the enhanced offenses under section 775.0845 . . .
. . . of section 921.0023 because of a reclassification of the degree of felony pursuaet-tounder section 775.0845 . . . offense severity level may result from a reclassification of felony degrees pursuant founder sections 775.0845 . . .
. . . trial court enhanced the convictions from second-degree felonies to first-degree felonies under section 775.0845 . . . According to the attached judgment, however, this conviction was not enhanced pursuant to section 775.0845 . . . for felon in possession of a firearm can be reclassified to a first-degree felony pursuant to section 775.0845 . . . State, 686 So.2d 719, 720 n. 1 (Fla. 2d DCA 1997) (noting that the amended version of section 775.0845 . . .
. . . information alleged that during the commission of each offense, Adams wore a mask, in violation of section 775.0845 . . . and robbery with a mask and were classified as first-degree felonies, presumably pursuant to section 775.0845 . . . Solone explains that section 775.0845(4) provides only for an enhancement of the sentence to be imposed . . . court to reclassify the offenses from second-degree felonies to first-degree felonies because section 775.0845 . . . State, 678 So.2d 315, 317 n. 3 (Fla.1996), section 775.0845 has been amended. . . .
. . . out to commit masked offenses, his offenses cannot be reclassified under the provisions of section 775.0845 . . . It appears that the answer to the question should depend on whether section 775.0845 enhances the offense . . . Section 775.0845 is a statute of general application to various felonies and misdemeanors. . . . The earlier version of section 775.0845 was clearly a sentence enhancer. . . . See section 775.0845, Fla. Slat. (1997). . See also Earnest v. State, 351 So.2d 957 (Fla.1977). . . . .
. . . charged him with a reclassified offense which subjected him to increased penalties pursuant to section 775.0845 . . . Section 775.0845 reads, in pertinent parts, as follows: The felony or misdemeanor degree of any criminal . . . Because the charge of armed robbery is not reclassified by section 775.0845, the defendant’s argument . . .
. . . provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845 . . . in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845 . . .
. . . See § 775.0845 Fla.Stat. (1997). 2. Aggravated battery with a firearm. . . .
. . . Section 775.0845, Florida Statutes (1993), was entitled “Wearing mask while committing offense; enhanced . . . the ranking under s. 921.0012, s. 921.0013, s. 921.0022 or s. 921.0023 of the offense committed.” § 775.0845 . . . As a result, section 775.0845, Florida Statutes (1997), is now entitled “Wearing mask while committing . . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . . provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845 . . .
. . . officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges), 775.0845 . . .
. . . The record reflects that in doing so the trial court relied on section 775.0845, Florida Statutes (1993 . . . State, 678 So.2d 315, 317 (Fla.1996): “We find that the plain language of section 775.0845, which is . . .
. . . See § 921.0012, 775.0845, 777.04; Lamont v. State, 610 So.2d 435 (Fla.1992); Maddox v. . . .
. . . provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845 . . .
. . . provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845 . . . in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845 . . .
. . . Section 775.0845, Florida Statutes (1995), was amended effective October 1, 1995, to clarify that “for . . . State, 678 So.2d 315 (Fla.1996), which held that the prior version of section 775.0845 acted to enhance . . . See Cabal, 678 So.2d at 317 n. 3.In 1997, the legislature further amended section 775.0845 in response . . . As section 775.0845 acted to reclassify McDonald’s robbery conviction from a second degree felony to . . .
. . . two issues on appeal: (1) whether the trial court erred in enhancing his sentence pursuant to section 775.0845 . . .
. . . State, 678 So.2d 315 (Fla.1996) (construing section 775.0845, providing for enhanced penalties for wearing . . .
. . . Pursuant to section 775.0845, Florida Statutes (1993), the maximum penalty for the crime of committing . . . Section 775.0845 was amended in 1995 and may now require reclassification, although in the Cabal decision . . .
. . . . §§ 812.014(1) and (2)(c), 775.0845, 787.01, Fla. Stat. (1993). . § 787.02, Fla. Stat. (1993). . . .
. . . appellant wore a “hood, or mask, or other device that concealed his identity” in violation of section 775.0845 . . . He alleges that the trial court erred in using section 775.0845(4) to reclassify his robbery offenses . . . State, 678 So.2d 315 (Fla.1996), we construed the provisions of section 775.0845(4) and held that this . . . As noted in Cabal, section 775.0845 has since been amended. 678 So.2d at 317 n. 3. . . .
. . . Watson was convicted of attempted robbery with a mask in violation of sections 777.04 and 775.0845, Florida . . .
. . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . .
. . . In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced . . . Spi-cer, and quash the decision of the Third District Court in this case because we find that section 775.0845 . . . In Jennings, the First District Court of Appeal determined that section 775.0845 requires that an offense . . . We find that the plain language of section 775.0845, which is entitled “Wearing mask while committing . . . Because the sentencing guidelines did not amend the plain language of section 775.0845 in any way, we . . . subparagraph (d)(10) of Florida Rule of Criminal Procedure 3.701 was published after the enactment of section 775.0845 . . . As interpreted by the majority, section 775.0845 will have little effect because it will only come into . . .
. . . This second-degree felony was punishable as if it was a first-degree felony pursuant to section 775.0845 . . . maximum statutory sentence he possibly could receive pursuant to either section 775.084(4)(a) or section 775.0845 . . .
. . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . .
. . . the court may either sentence the defendant pursuant to the enhanced penalty provisions of section 775.0845 . . .
. . . See generally section 775.0845, Florida Statutes (1993). We find that to be error. . . .
. . . . §§ 775.084, 775.0845, 784.045(l)(a)2, (2), (1993). As authority, the defendant cites Spicer v. . . . In Spicer, the court held that section 775.0845(4), Florida Statutes (1989) was an enhanced penalty statute . . .
. . . . § 775.0845, Fla. Stat.(1985). . . .
. . . If, however, a mask was worn during the commission of the robbery, section 775.0845(4), Florida Statutes . . . In this case, the trial court interpreted section 775.0845(4) as requiring robbery with a mask to be . . . Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the . . . If the legislature had intended section 775.0845 to reclassify offenses, it would have so stated, as . . . The court could use the enhanced penalty provisions of section 775.0845 and impose a guidelines sentence . . .
. . . Section 775.0845, Florida Statutes, provides for enhanced punishment when crimes are committed while . . .
. . . Appellee argues that enhancement under Section 782.071(2) is comparable to that of Section 775.0845 ( . . . However, the two eases we find under Section 775.0845, although affirming enhancement, are not supportive . . .
. . . See e.g., §§ 775.084, 775.0845, 775.0846, 775.-0847, 784.07 and 812.13, Fla.Stat. . . . .
. . . The defendant was charged with robbery while wearing a mask in violation of sections 812.13 and 775.0845 . . . Under section 775.0845(4), a felony of the second degree is punishable as if it were a felony of the . . . judgment form should be corrected to reflect the proper degree of the offense and the reference to section 775.0845 . . .
. . . 775.084, Florida Statutes); the wearing of a mask is used to enhance criminal penalties under section 775.0845 . . .
. . . However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes . . . Section 775.0845(4), Florida Statutes (1985). See also Dominguez v. . . . which was accurately reclassified from a third degree to a second degree felony pursuant to Section 775.0845 . . .
. . . See, e.g„ §§ 775.084, 775.0845, 775.0846, 775.-087, 784.07, and 812.13, Fla.Stat. . . .
. . . See, e.g., § 775.0845, Fla.Stat., increasing the penalty for offenses committed while wearing a mask; . . .
. . . He also challenges the trial court’s application of section 775.0845, Florida Statutes (1983), which . . . To-date, no Florida case has discussed section 775.0845, Florida Statutes (1983) except to characterize . . . Nor is the legislative history of section 775.0845 particularly enlightening. . . . We decline to address the defendant’s constitutional attack on section 775.0845, Florida Statutes (1983 . . . Section 775.0845 was enacted as part of Chapter 81-249 which legislative history reads: WHEREAS, the . . . other device that concealed his identity” such as the legislature meant to proscribe in the statute 775.0845 . . .
. . . offender, § 775.087, Fla.Stat. (1981), use of a weapon or firearm in commission of a felony, and § 775.0845 . . .
. . . sentence, (c) section 947.16(3), Fla.Stat., to retain jurisdiction over parole release, (d) sections 775.0845 . . .
. . . offender, § 775.087, Fla.Stat. (1981), use of a weapon or firearm in commission of a felony, and § 775.0845 . . .