Kalogeras v. State
58 So. 3d 889
| Fla. Dist. Ct. App. | 2011Background
- Kalogeras appeals the denial of a Florida Rule of Criminal Procedure 3.800(a) motion alleging improper PRR sentencing on a false imprisonment conviction.
- He was originally charged with sexual battery by threats/use of force, kidnapping, and carjacking without a firearm, but convicted of battery, false imprisonment, and theft.
- The trial court sentenced the false imprisonment conviction to five years as a PRR under § 775.082(9)(a)1.
- PRR applies to defendants with prior prison time who commit a qualifying offense within three years of release, imposing mandatory minimums and 100% sentence service.
- Appellant contends false imprisonment is not subject to PRR because it is not enumerated or catchall qualifying offense, relying on Hearns and progeny.
- Lower courts have held false imprisonment not subject to PRR; the State argues the conviction could qualify under the catchall, but the court resolves otherwise and strikes the PRR designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is false imprisonment subject to PRR sentencing? | Kalogeras: false imprisonment is not a PRR offense. | State: false imprisonment can qualify under the catchall. | False imprisonment not subject to PRR; strike PRR designation. |
| Does Hearns control PRR when determining catchall applicability? | Kalogeras relies on Hearns to limit catchall application. | State argues Hearns or its logic supports catchall in some cases. | Hearns-based reasoning governs; false imprisonment is not subject to PRR under catchall. |
| May the false imprisonment and battery convictions be merged to justify PRR sentencing? | Kalogeras argues no merger to create PRR qualification. | State attempts to distinguish by noting dual convictions. | No merger to authorize PRR; strike PRR designation. |
Key Cases Cited
- Lamb v. State, 32 So.3d 117 (Fla. 2d DCA 2009) (false imprisonment not subject to PRR under catchall)
- Davis v. State, 20 So.3d 1024 (Fla. 4th DCA 2009) (catchall applicability to PRR analyzed)
- Mosquera v. State, 16 So.3d 255 (Fla. 4th DCA 2009) (false imprisonment not subject to PRR under catchall)
- Sinclair v. State, 973 So.2d 665 (Fla. 3d DCA 2008) (PRR catchall interpretations in district courts)
- Hearns v. State, 961 So.2d 211 (Fla. 2007) (definitional scope of forcible felony; elements-focused analysis)
- Harris v. State, 5 So.3d 750 (Fla. 1st DCA 2009) (resisting an officer with violence can qualify for PRR; distinction from battery)
- Shaw v. State, 26 So.3d 51 (Fla. 5th DCA 2009) (burglary with assault can qualify for PRR catchall; assault elements)
- Walker v. State, 965 So.2d 1281 (Fla. 2d DCA 2007) (application of Hearns to PRR catchall discussed)
- Acosta v. State, 982 So.2d 87 (Fla. 3d DCA 2008) (retroactive application of Hearns-based reasoning)