Background

• Hackley was convicted on Oct. 3, 2006 of burglary of a conveyance with a person assaulted, arising from a Mar. 12, 2006 incident involving an assault on two people including one in a car.
• Because the offense occurred within 3 years after release from state prison, the trial court sentenced Hackley to life in prison as a PRR under Fla. Stat. § 775.082(9)(a)1 (2006).
• Hackley moved to correct illegal sentence on June 2, 2009, contending the crime did not qualify for PRR sentencing; the trial court granted the motion.
• The First District Court of Appeal affirmed, holding burglary of a conveyance with an assault is not a PRR qualifying offense, relying on State v. Hearns.
• The First DCA’s decision conflicted with the Fifth District’s Shaw v. State, which held that burglary of a conveyance with an assault qualifies for PRR.
• The Florida Supreme Court granted jurisdiction to resolve the conflict and agreed with the Fifth District, concluding the offense is a qualifying PRR offense.

Issues

Key Cases Cited

• State v. Hearns, 961 So.2d 211 (Fla. 2007) (BOLEO not a forcible felony; related to PRR analysis via statutory elements)
• Shaw v. State, 26 So.3d 51 (Fla. 5th DCA 2009) (holds burglary of a conveyance with an assault qualifies for PRR)
• Hackley v. State, 93 So.3d 327 (Fla. 1st DCA 2010) (First District held burglary of a conveyance with an assault not a PRR offense)
• Maddox v. State, 923 So.2d 442 (Fla. 2006) (absurdity doctrine narrowly used to override unambiguous statutes)
• Crooks v. Harrelson, 282 U.S. 55 (1930) (absurdity doctrine requires rare exceptional circumstances)
• Perkins v. State, 576 So.2d 1310 (Fla. 1991) (elements test for forcible felonies)
• Borden v. East-European Ins. Co., 921 So.2d 587 (Fla. 2006) (plain-language interpretation guidance)
• Hearns (related citation), 961 So.2d 211 (Fla. 2007) (see above)