Garcia v. State
237 So. 3d 1080
| Fla. Dist. Ct. App. | 2017Background
- In 1995 Garcia was convicted of aggravated assault with a firearm and placed on probation.
- In 1996, while on probation, Garcia committed armed robbery; a jury convicted him of armed robbery.
- In 1999 Garcia was sentenced as a habitual violent felony offender (HVFO) to 40 years with a 15-year mandatory minimum.
- Garcia challenged the HVFO designation via a Fla. R. Crim. P. 3.800(a) motion, arguing his 1995 probation did not qualify as a "prison sentence or other commitment" under section 775.084(1)(b)(2)(a) and therefore could not support enhancement.
- The trial court denied relief; the court of appeal affirmed, finding the HVFO statute also permits enhancement when the current felony is committed within five years of a prior qualifying conviction under § 775.084(1)(b)(2)(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probation counts as a "prison sentence or other commitment" under § 775.084(1)(b)(2)(a) | Garcia: Probation is not a "prison sentence or other commitment" and thus cannot support HVFO enhancement | State: Even if probation is not a commitment, the statute has an alternative five-year triggering clause | Court: Probation did not qualify under (a), but case still supports HVFO under the five-year clause (b) |
| Whether a prior conviction while on probation counts as a prior "conviction" for the five-year trigger in § 775.084(1)(b)(2)(b) | Garcia: His 1995 probation sentence could not be counted as a "conviction" for the five-year lookback | State: The statute treats probation as a prior conviction when the later offense was committed during probation; court declined to address the new argument on appeal but noted statutory language supports treating it as a conviction | Court: Issue raised first on appeal, so not addressed; alternatively the statutory provision §775.084(2) supports treating probation as a prior conviction when the later offense was committed during probation |
Key Cases Cited
- Hightower v. State, 630 So. 2d 1220 (Fla. 2d DCA 1994) (rejecting HVFO enhancement where defendant neither committed the new felony while serving a commitment nor within five years of prior conviction)
- Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999) (prior conviction properly treated as predicate where defendant was adjudicated guilty and placed on probation)
- Hutchinson v. State, 17 So. 3d 696 (Fla. 2009) (issues raised for the first time on appeal of a postconviction motion are not cognizable)
- Connor v. State, 979 So. 2d 852 (Fla. 2007) (postconviction claims not raised below may not be heard on appeal)
- Carter v. State, 43 So. 3d 907 (Fla. 3d DCA 2010) (declining to address ineffective assistance claims not raised below)