KWANELL FINNIE
v.
THE STATE OF FLORIDA
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The court affirmed a defendant's designation as a habitual violent felony offender (HVFO) under Florida Statute § 775.084. The decision clarifies that a prior conviction for purposes of HVFO qualification includes sentences of probation or community control without an adjudication of guilt, and that only one qualifying prior felony is necessary for such designation.
The court affirmed that a defendant qualifies as a habitual violent felony offender under § 775.084 when prior convictions include sentences of probation or community control without an adjudication of guilt. Only one qualifying prior felony conviction is necessary for HVFO designation, regardless of whether multiple prior qualifying felonies exist.
[1] For purposes of habitual violent felony offender designation under Florida Statute § 775.084, placement of a person on probation or community control without an adjudicat…
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Join FLexlaw to unlock all legal intelligenceThe defendant had prior convictions for enumerated felonies and committed a present offense that fell within the statutory timeframes or circumstances…
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PER CURIAM.
Affirmed. See § 775.084(1)(b), Fla. Stat. (2008 and 2014) (providing, inter alia, that a defendant qualifies as a habitual violent felony offender if he was previously convicted of one or more enumerated felonies, and the present offense was committed: a) while defendant was serving a prison sentence or court-ordered supervision imposed as a result of a conviction for an enumerated felony; or b) within five years of the date of conviction for the last prior enumerated felony; or c) within five years of the date of defendant’s release from a prison sentence or court-ordered supervision imposed as a result of a prior conviction for an enumerated felony); § 775.084(2), Fla. Stat. (2008 and 2014) (providing: “For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction.”); Garcia v. State, 237 So. 3d 1080 (Fla. 3d DCA 2017) (recognizing that defendant was properly designated a habitual violent felony offender where the applicable version of the statute defined a prior conviction as including a sentence of probation). See also Ponton v. State, 73 So. 3d 70, 76-77 (Fla. 2011) (holding that “since only one qualifying prior felony is needed for an HVFO adjudication, it does not matter if the conviction for the qualifying prior felony was entered together with, or separate from, convictions for other qualifying felonies, so long as the qualifying felony conviction was adjudicated separately from and prior to the current offense”).
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Citator
Authorities Cited
- Ponton v. State, 73 So. 3d 70 (Fla. 2011)
- Garcia v. State, 237 So. 3d 1080 (Fla. 3d DCA 2017)