GORDON ALFONSO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FARMER, Judge.
Defendant was sentenced to an enhanced habitual felony offender sentence based on two contemporaneous convictions. The state concedes that this was error. See § 775.084(5), Fla.Stat. (1993) (to be counted as prior felony, conviction must have been sentenced separately from any other conviction counted as prior felony). Although the sentencing order recites two other non-eon-temporaneous convictions, these other convictions were clearly not relied on at the sentencing hearing to support the enhanced HFO sentence. As with most sentencing decisions, we assess the validity of an HFO sentence by what the sentencing judge said when imposing the sentence. See Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990) (sentencing judge need not put required HFO findings in written sentence but must make findings in reported judicial proceeding), rev. denied, 576 So. 2d 288 (Fla.1991); McNeil v. State, 588 So. 2d 303 (Fla. 1st DCA 1991) (propriety of HFO sentence determined by transcript of sentencing hearing). REVERSED AND REMANDED FOR RESENTENCING.
GUNTHER, C.J., and KLEIN, J., concur.
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Wainer v. State, 798 So. 2d 885 (Fla. 4th DCA 2001)…ater submission of another nonsequential conviction entered on a separate date from the other convictions. The trial court did not rely upon this later conviction at the sentencing hearing during oral pronouncement of sentence. See Alfonso v. State, 659 So. 2d 478, 478 (Fla. 4th DCA 1995) (sentence could not be upheld because noncontemporaneous convictions not relied on at the sentencing hearing). We are therefore required to reverse the sentence and return the case to the trial court for resentencing. On r…
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Leotis Smith v. State, 766 So. 2d 1257 (Fla. 5th DCA 2000)…t. Two of those convictions were entered at the same time, and therefore cannot be counted against Smith under the statute. See Prince v. State, 684 So. 2d 860 (Fla. 2d DCA 1996); Ford v. State, 652 So. 2d 1236 (Fla. 1st DCA 1995); Alfonso v. State, 659 So. 2d 478 (Fla. 4th DCA 1995). Moreover, a habitual felony offender sentence cannot be predicated upon an offense or conviction which occurred after the current offense for which the defendant is being sentenced. Rhodes v. State, 704 So. 2d 1080 (Fla. 1st DCA…
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Jerry v. State, 293 So. 3d 1044 (Fla. 5th DCA 2021)…two (it does not matter which), and one uncontested third prior conviction, leaving a total of two lawful predicate convictions. Therefore, Jerry was properly deemed an HFO. Jerry relies upon two cases in support of his position, Alfonso v. State, 659 So. 2d 478, 478 (Fla. 4th DCA 1995), and Smith v. State, 766 So. 2d 1257 (Fla. 5th DCA 2000). Alfonso is distinguishable because the lower court imposed an HFO sentence based solely upon two simultaneous convictions. 659 So. 2d at 478. Although the sentencing…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delrick Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990)
- McNEIL v. State, 588 So. 2d 303 (Fla. 1st DCA 1991)