MICHAEL LESLEY YARIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Yarian was sentenced as a habitual offender using two out-of-state felony convictions as predicate offenses under a Florida statute that was later invalidated in State v. Johnson. The court reversed the denial of his motion to correct illegal sentence and remanded for resentencing because the state failed to demonstrate he would qualify as a habitual offender under the pre-1989 statute.
Yarian's sentence as a habitual offender must be reversed and the case remanded for resentencing because the statute under which he was sentenced was invalidated and the state failed to establish that he would have qualified as a habitual offender under the pre-1989 statute.
[1] A defendant cannot be sentenced as a habitual offender under a statute that has been invalidated by the Florida Supreme Court, absent a valid reenactment of the statute p…
[2] A prior out-of-state felony conviction may serve as a predicate offense for habitual offender sentencing only if the statute in effect at the time of the offense permits…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“At the time of the sentencing, chapter 89-280 was the only authority for considering prior out-of-state felony convictions as the basis for sentencing as a habitual felony offender.”
Establishes that the sentencing relied exclusively on the invalidated statute with no alternative statutory basis.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYarian was convicted of grand theft and sentenced to seven years as a habitual offender on June 16, 1990. The sentencing relied on two out-of-state fe…
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PER CURIAM.
Michael Yarian, sentenced as a habitual offender to a term of seven years after his conviction for grand theft, appeals an order denying his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. Yarian relies upon State v. Johnson, 616 So. 2d 1 (Fla.1993), which invalidated section 775.084, Florida Statutes (1989), as amended by chapter 89-280, Laws of Florida. Sentencing Yarian as a habitual offender, the trial judge utilized two out-of-state felony convictions as predicate offenses under section 775.084(1), Florida Statutes (1989).
The crime for which Yarian was sentenced occurred on June 16,1990, prior to the reenactment of the habitual felony statute which was voided in Johnson, supra. Having observed these matters of record, we ordered the state to appear in this case and show cause why Yarian should not be resentenced.
The state, in its response, asserts that Yarian would have been habitualized under the pre-1989 statute. The order of the trial court makes the same assertion.
The record before us, however, only contains certified copies of the out-of-state convictions referenced in the original order sentencing Yarian as a habitual offender. The state has offered no factual support for its contention that Yarian would have been habitualized under the old statute. At the time of the sentencing, chapter 89-280 was the only authority for considering prior out-of-state felony convictions as the basis for sentencing as a habitual felony offender. Baxter v. State, 616 So. 2d 47 (Fla.1993).
Consequently, Yari-an does not meet the qualifications for habitual offender sentencing, and the order on appeal must be REVERSED and the case REMANDED for resentencing.
MINER, KAHN and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Baxter v. State, 616 So. 2d 47 (Fla. 1993)