Henry v. State

Andre HENRY v. The STATE of Florida

Henry v. State, 576 So. 2d 409 (Fla. Dist. Ct. App. 1991)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: March 19, 1991
Docket: No. 89-2781
Judges: Barkdull, Ferguson, Gersten
Citations: 576 So. 2d 4091991 Fla. App. LEXIS 23491991 WL 35292

Cited by 3

Opinion of the Court

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PER CURIAM.

Appellant, Andre Henry, appeals his sen-, tence under the habitual offender statute after being convicted for armed robbery. We affirm.

Appellant contends that although he was subject to habitual offender sentencing based on his prior criminal record, the crime for which he was being sentenced is not covered by section 775.084 Florida Statutes (1989). Appellant argues that section 775.084 does not provide for habitual offender sentencing for first degree felonies punishable by life imprisonment.

Appellee, State, asserts that appellant was properly sentenced as a habitual offender. The State maintains that the habitual offender statute specifically provides for sentencing for the crime of armed robbery in section 812.13(2)(a), Florida Statutes (1989).

Section 812.13(2)(a) provides:

If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 or s. 775.08f [Emphasis added.]

Appellant was convicted of robbery while carrying a firearm, and sentenced under section 775.084, Florida Statutes (1989).

Section 775.084(4)(a) provides in pertinent part:

The court ... shall sentence the habitual felony offender as follows: 1. In the case of a felony of the first degree, for life.

Appellant was sentenced to life. We find no error. See, e.g., Johnson v. State, 564 So.2d 1174 (Fla. 1st DCA 1990).

Affirmed.

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Cited by 3 cases

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Relies on it most ⓘ

Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)
Young v. State600 So. 2d 24 (Fla. Dist. Ct. App. 1992)
Henry v. State596 So. 2d 661 (Fla. 1992)

Most recent

Young v. State600 So. 2d 24 (Fla. Dist. Ct. App. 1992)
Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)
Henry v. State596 So. 2d 661 (Fla. 1992)

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

Depth	Case	Cited by
	Johnson v. State, 564 So. 2d 1174 (Fla. Dist. Ct. App. 1990)	25

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