10-0716 VERNON DONALDSON, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-0716

Case Date: 07/20/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VERNON DONALDSON, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 20, 2010. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Vernon Donaldson, pro se, Appellant. Bill McCollum, Attorney General, and Ian M. Cotner, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-0716

PER CURIAM. The appellant has filed a rule 3.800(a) motion asserting that his habitual violent felony offender sentence is illegal because his prior offense of aggravated

assault on a law enforcement officer is not an enumerated felony under section 775.084(1)(b), Florida Statutes (2000). To support his allegations, the appellant indicates that the records demonstrate an entitlement to relief and he has attached a copy of the state's notice of intent to classify him as a habitual violent felony offender which establishes he was previously convicted of aggravated assault on a law enforcement officer. We reverse the denial of the appellant's facially

sufficient motion and remand. Pursuant to section 775.084(1)(b), Florida Statutes, prior to imposing a habitual violent felony offender sentence the sentencing court must find that the defendant has been previously convicted of an enumerated felony. Prior versions of the statute permitted a habitual violent felony offender sentence for aggravated assault; however, the version applicable to the appellant's case requires aggravated assault with a deadly weapon.

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