Habitual Felony Offender under FSS 775.084(1)(a)
Under Florida Statute Section 775.084(1)(a), the court must find three things before making a determination that the defendant qualifies for the enhanced sentencing provisions as a Habitual Felony Offender (HFO) including:
- Previous separate felony convictions, not pardoned or set aside in post conviction proceedings, or any combination of two (2) or more felonies, in the state of Florida, or other qualified offenses.
- Felony for which the Defendant is to be sentenced was committed under the following circumstances:
- While in prison or other commitment or supervision for a prior conviction of a felony or other qualified offense; or
- Within five (5) years of date of last prior felony or other qualified offense conviction or within five (5) years of release from prion, supervision, control release, conditional release, parole, or other commitment for prior felony or other qualified offense whichever is later.
- Felony for which the Defendant is to be sentenced and one of the two prior felony convictions is not a violation of Florida Statute Section 893.13 relating to purchase or possession of a controlled substance.
Find more information about Florida’s enhanced statutory penalties, including:
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This article was last updated on Thursday, January 28, 2021.