Habitual Violent Felony Offender — FSS 775.084(1)(b)

In order for a defendant to be found a habitual violent felony offender, the court must find two things:

1. A previous conviction, nor pardoned on the ground of innocence or set aside in post-conviction proceedings, for a felony, attempt to commit a felony or conspiracy to commit a felony and one or more of such convictions were for:

a. Arson

b. Sexual battery

c. Robbery

d. Kidnapping

e. Aggravated child abuse

f. Aggravated abuse of an elderly or disabled adult

g. Aggravated assault

h. Murder

i. Manslaughter

j. Aggravated manslaughter of an elderly or disabled adult

k. Aggravated manslaughter of a child

l. Unlawful throwing, placing or discharging of a destructive device or a bomb

m. Armed burglary

n. Aggravated battery

o. Aggravated stalking

2. The felony for which the defendant is to be sentenced was committed:

a. While the defendant was serving a prison sentence or other commitment for a prior conviction for an enumerated felony, or

b. Within five years of a date of conviction of the defendant's last prior enumerated felony, or within five years of release from a prison sentence or other commitment imposed for a prior conviction for an enumerated felony, whichever is later

Discretionary enhanced punishments:

Third-degree felony, up to 10 years with a mandatory term of five years

Second-degree felony, up to 30 years with a mandatory minimum term of 10 years

First-degree felony, life with a mandatory minimum term of 15 years

Life felony, life with a mandatory minimum term of 15 years