YDEL NOEL CASTELLANOS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Castellanos appeals the denial of his post-conviction motion challenging his habitual felony offender sentence. The court reversed, finding that a 1992 conviction where adjudication was withheld and probation was completed could not be counted as a prior felony conviction under Florida law.
The court held that the 1992 case could not be counted as a prior felony conviction because the defendant received a withhold of adjudication and completed probation prior to committing the 1996 charges. Under Florida law, a sentence of probation without an adjudication of guilt can only be treated as a prior conviction if the subsequent offense was committed during the probationary period.
[1] A prior offense for which a defendant received a withhold of adjudication and probation, and completed probation, cannot be counted as a prior conviction for habitual fel…
[2] A defendant may be classified as a habitual felony offender if he or she had previously been convicted of two or more felonies prior to the current offense, with each pri…
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Join FLexlaw to unlock all legal intelligence“The prior felony "must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony."”
Establishes the statutory requirement that prior felonies must be sentenced separately to qualify for habitual felony offender status
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Join FLexlaw to unlock all legal intelligenceIn 1996, Castellanos was convicted and sentenced to life imprisonment as a habitual felony offender based on two prior cases: a 1992 case where adjudi…
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ON MOTION TO CORRECT SCRIVENER’S ERROR
We hereby grant appellant’s motion to correct scrivener’s error in our opinion issued May 4, 2011. The corrected opinion is as follows:
Ydel Noel Castellanos (“the defendant”) appeals the denial of his Florida Criminal Rule of Procedure 3.800 motion for post-conviction relief. We reverse.
In 1996, the defendant was convicted and sentenced to life in prison as a habitual felony offender. Two cases were used to qualify the defendant for habitual felony offender status: (1) a 1992 case in which adjudication was withheld and the defendant was placed on probation; and (2) a 1993 case which the defendant committed while on probation. The defendant accepted a global plea for violation of probation on the 1992 case and the new 1993 case, and the trial court sentenced him on both cases together. The defendant then filed a motion to correct illegal sentence, alleging the 1992 case was incorrectly used to qualify him as a habitual felony offender. The lower court denied the motion, and this appeal followed.
On appeal, the defendant asserts that the trial court erred in denying the defendant’s motion because the record does not show two sequential prior felony convictions. The State contends that the trial court properly denied the defendant’s motion because the record shows two sequential prior felony convictions. We agree with the defendant.
In 1996, a defendant could be classified as a habitual felony offender if he or she had previously been convicted of two or more felonies prior to the current offense. § 775.084(l)(a), Fla. Stat. (1996). The pri- or felony “must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.” § 775.084(5), Fla. Stat. (1996). Also, a sentence of probation without an adjudication of guilt could only be treated as a prior conviction “if the subsequent offense for which he is to be sentenced was committed during such probationary period.” § 775.084(2), Fla. Stat. (1996). Thus, a prior offense, for which the defendant received a withhold of adjudication and probation and had completed probation, could not be counted as a prior conviction. Wright v. State, 691 So.2d 1140 (Fla. 1st DCA1997).
Here, the 1992 case record shows that the defendant received a withhold of adjudication and completed his probation prior to committing the 1996 charges. The 1992 case, therefore, could not be counted as one of the two sequential prior felony convictions required to sentence the defendant as a habitual felony offender in 1996. Thus, the trial court erred in denying the defendant’s motion for postconviction relief.
Accordingly, we reverse the order denying the defendant’s motion, and remand for further proceedings.
Reversed and remanded.