TIRRANCE COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tirrance Cooper challenged the summary denial of his postconviction relief motion, claiming his habitual violent felony offender (HVFO) sentences were illegal. The court affirmed four of his claims but reversed as to the armed kidnapping convictions, finding that HVFO sentences could not be imposed for life felonies committed during the applicable statutory period.
The court held that Cooper's HVFO sentences on the armed kidnapping convictions were illegal and reversible. Under State v. Thompson, an HVFO sentence cannot be imposed for a life felony when that felony was committed between October 1, 1995, and May 24, 1997, and Cooper's crimes fell within this window.
[1] A habitual life sentence for a second-degree felony conviction is illegal.
[2] The maximum habitual violent felony offender sentence that may be imposed for a second-degree felony is thirty years.
Previewing 2 of 3 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“Because Cooper was armed, the offense would be enhanced to a life felony under section 775.087(l)(a), Florida Statutes (1995). However, at the time of Cooper's sentencing, an HVFO sentence could not be imposed for a life felony.”
Establishes the legal distinction between the crime's enhancement to a life felony and the prohibition on HVFO sentencing for life felonies.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn April 24, 1996, Cooper committed an armed robbery at a supermarket, holding employees at gunpoint and forcing them into a freezer. A jury convicted…
The full statement of facts, procedural history, and disposition for this case are member content.
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SALCINES, Judge.
Tirrance Cooper challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment as to four of his claims. We reverse as to the remaining claim.
On April 24, 1996, the day after he was released from prison, Cooper committed an armed robbery at a supermarket. He held the employees at gunpoint and forced them into a freezer. A jury subsequently found him guilty of armed robbery with a firearm, eight counts of armed kidnaping, and trespass within a structure with a human inside. Cooper was sentenced as a habitual violent felony offender to concurrent life sentences on the felony charges and to time served on the misdemeanor trespass charge.
Before trial, Cooper pleaded to one count of felon in possession of a firearm, a second-degree felony. The plea form eor- rectly indicated that the statutory maximum for such an offense is fifteen years. Cooper was subsequently sentenced to life in prison as a habitual violent felony, offender. He then filed a motion to correct illegal sentence, which was denied by the trial court. On appeal, this court concluded that a habitual life sentence for a second-degree felony conviction was illegal. See Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001). Section 775.084, Florida Statutes, provides that the maximum habitual violent felony offender sentence that may be imposed for a second-degree felony is thirty years. On resentencing, Cooper was sentenced to thirty years.
Cooper now claims that the court’s enhancement and habitual violent felony offender sentences on the convictions for armed kidnaping were illegal. Section 787.01(2), Florida Statutes (1995), states that kidnaping is a first-degree felony punishable by a term of years not exceeding life. Because Cooper was armed, the offense would be enhanced to a life felony under section 775.087(l)(a), Florida Statutes (1995). However, at the time of Cooper’s sentencing, an HVFO sentence could not be imposed for a life felony. The imposition of a habitual violent felony offender sentence for a life felony can be challenged under the authority of State v. Thompson, 750 So. 2d 643 (Fla.1999), if the life felony was committed between October 1, 1995, and May 24, 1997. Cooper committed these crimes on April 24, 1996. Therefore, his sentence for the armed kidnaping charges must be reversed.
Affirmed in part, reversed in part, and remanded.
STRINGER and SILBERMAN, JJ., Concur.
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Cited By
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Baldwin v. Secretary, DOC (Charlotte County) (M.D. Fla. 2021)…ject rule. In so holding, the court found that the imposition of a habitual felony offender sentence may be challenged if the life felony was committed between October 1, 1995, and May 24, 1997. Id. at 649; see also Cooper v. State, 884 So. 2d 286 (Fla. 2d DCA 2004); Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002). While case law suggests that the defendant's habitual offender sentence on count two should be corrected, the length of the sentence is permissible because the court stat…1 / 2
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Tirrance G. Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001)