5D09-3919 Antonio Jackson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-3919

Case Date: 02/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

ANTONIO DETEMERE JACKSON, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 12, 2010 3.800 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. Antonio Jackson, Live Oak, pro se. No Appearance for Appellee. PER CURIAM. Antonio Detemere Jackson appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) postconviction motion to correct illegal sentence. We affirm. Jackson pled nolo contendere to burglary of a dwelling while masked and resisting an officer without violence. The trial court found he qualified as a habitual felony offender and sentenced him to fifteen years' imprisonment. As he did below, Jackson asserts that being sentenced as a habitual felony offender was illegal because (1) habitual felony offender sanctions are not available for a life felon; (2) his prior felonies were not within five years of the instant offense; and (3) his prior felonies were sentenced at the same proceeding. These arguments are unpersuasive. Case No. 5D09-3919

Jackson's assertion that a defendant convicted of a life felony may not be sentenced as a habitual felony offender is inapplicable to him and incorrect as a matter of law. The most serious charge for which Jackson was convicted was burglary of a dwelling while masked, a first-degree felony. A person who commits a first-degree or life felony can be sentenced as a habitual felony offender. See

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