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Paige v. State

Paige v. State, 570 So. 2d 1108 (Fla. Dist. Ct. App. 1990)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 6, 1990
Docket
Nos. 89-1913, 89-1914
Judges
Peterson
Citations
570 So. 2d 11081990 WL 192309
Cited by 11 1 descriptions by later courts

Opinion

570 So.2d 1108 (1990)

Patrick PAIGE and Anthony Cokley, Appellants,

v.

STATE of Florida, Appellee.

Nos. 89-1913, 89-1914.

District Court of Appeal of Florida, Fifth District.

December 6, 1990.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellants.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Patrick Paige and Anthony Cokley appeal their judgments and sentences entered after a jury found them guilty of kidnapping and robbery. We affirm.

The trial court adjudicated the appellants guilty of kidnapping and robbery, found both of them to be habitual offenders, and sentenced each to life imprisonment on the kidnapping charges and thirty years concurrent on the robbery. The appellants claim that, because life sentences are not subject to habitual offender enhancement, the trial court erred in indicating on the sentencing forms for the kidnapping convictions that they were habitual offenders. Section 787.01(2), Florida Statutes (1989), provides that "[a] person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084." Section 775.084(4)(a)(1) requires that a habitual felony offender receive a sentence *1109 of life after being found guilty of a felony in the first degree. Since kidnapping is a first-degree felony, appellants' sentences therefor can be enhanced pursuant to section 775.084.

We recognize that the opinion in Power v. State, 568 So.2d 511 (Fla. 5th DCA 1990), indicated that life sentences are not subject to habitual offender enhancement, but that case involved an offense that was a life felony. The opinion is correct since there is no enhancement prescribed in section 775.084(4)(a), Florida Statutes (1989), for a life felony. The charge in the instant case was not classified as a life felony by the legislature; it was classified as a first-degree felony punishable by a term of years not exceeding life.

We find no merit in the other issues on appeal.

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1991: 71992: 419912026peak 1991 · 7

Relies on it most ⓘ

  1. Burdick v. State584 So. 2d 1035 (Fla. Dist. Ct. App. 1991)
  2. Tucker v. State576 So. 2d 931 (Fla. Dist. Ct. App. 1991)
  3. Burdick v. State594 So. 2d 267 (Fla. 1992)
  4. Newton v. State581 So. 2d 212 (Fla. Dist. Ct. App. 1991)
  5. Hayes v. State598 So. 2d 135 (Fla. Dist. Ct. App. 1992)
  6. Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)

Most recent

  1. Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)
  2. Hayes v. State598 So. 2d 135 (Fla. Dist. Ct. App. 1992)
  3. Burdick v. State594 So. 2d 267 (Fla. 1992)
  4. Harris v. State593 So. 2d 301 (Fla. Dist. Ct. App. 1992)
  5. Moreland v. State590 So. 2d 1020 (Fla. Dist. Ct. App. 1991)
  6. West v. State584 So. 2d 1044 (Fla. Dist. Ct. App. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Power v. State, 568 So. 2d 511 (Fla. Dist. Ct. App. 1990) 22

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