Cohron v. State
Cohron v. State
Opinion of the Court
Donald Cohron appeals a final judgment adjudicating him guilty of one count of escape from the custody of a road prison program on August 1,1989, and sentencing him as a habitual felony offender to a thirty-year term of imprisonment. He raises several issues.
Cohron first contends that the circuit court erred in allowing the prosecutor to interrogate him about the number and nature or types of his prior adult felony convictions. While testifying in his defense, Cohron stated that he had been previously convicted of one prior adult felony. Thereafter, the state was permitted to refresh Cohron’s memory as to his numerous prior felony convictions. The manner in which this impeachment was conducted by the state conformed to law. See Houston v. Young, 337 So.2d 852 (Fla. 1st DCA 1976); State v. Young, 283 So.2d 58 (Fla. 1st DCA 1973), cert. denied, 290 So.2d 61 (Fla. 1974); Cummings v. State, 412 So.2d 436 (Fla. 4th DCA 1982).
Cohron next contends that the circuit court erred in permitting the state to introduce evidence of the criminal offenses
Finally, Cohron complains that it was error to sentence him as a habitual felony offender. All of the prior felony convictions serving as the predicate for classifying and sentencing him as a habitual felony offender in the record occurred on October 20, 1987. This patent lack of sequential convictions requires reversal of Cohron’s adjudication as a habitual felony offender. Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). As in Barnes, we certify the following question of great public importance:
WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP. 1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PRIOR OFFENSE.
Appellant’s conviction is AFFIRMED. The sentence as a habitual felony offender is REVERSED and the cause is remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.