5D01-2797 McBride v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2797

Case Date: 03/04/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

ANTOINE L. McBRIDE, Appellant, v. Case No. 5D01-2797 STATE OF FLORIDA, Appellee. / Opinion filed March 8, 2002 3.800 Appeal from the Circuit Court for Marion County, William T. Swigert, Judge. Antoine L. McBride, Arcadia, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J.

Antoine L. McBride appeals the denial of his motion to correct an illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. He raises three grounds for reversal. Of these, the only ground that has merit is his contention that he was illegally sentenced as a habitual felony offender for the life felony of attempted first degree murder. We agree and reverse for resentencing on that charge. The denial of his motion relating to the sentences imposed for his other charges is affirmed.

Factual And Procedural Background Pursuant to a plea agreement, McBride entered a plea of nolo contendere to attempted first degree murder with a firearm, possession of a firearm by a convicted felon, and robbery with a firearm. He was sentenced as a habitual felony offender to concurrent terms of thirty years in prison on each charge. The record reflects that McBride committed the offense of attempted first degree murder, which is a life felony, on May 26, 1990. This date is significant because the habitual felony offender statute in effect at that time did not include life felonies within the offenses that qualified for an enhanced sentence under the statute. Lamont v. State, 610 So. 2d 435 (Fla. 1992); Moye v. State, 683 So. 2d 624 (Fla. 5th DCA 1996). The statute has since been amended to include life felonies as qualifying offenses,1 and the courts have consistently held that individuals who committed life felonies prior to the effective date of the amendment did not qualify for an enhanced sentence as a habitual felony offender because the statute at that time did not specify life felonies as a qualifying offense. Carter v. State, 786 So. 2d 1173 (Fla.

The habitual felony offender statute was amended by the Legislature to specifically apply to life felonies effective October 1, 1995. See Ch. 95-182,

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