Patrick Hawkins v. State of Florida

The appellant challenges the denial of his postconviction motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

In his motion, the appellant argues that he was improperly habitualized contrary to State v. Thompson, 750 So.2d 643 (Fla.1999), for a conviction of sexual battery with physical force likely to cause serious personal injury. The trial court denied this claim, concluding that Thompson did not apply.

Prior to 1995, “life felonies were not subject to habitual felony offender enhancement.” James v. State, 775 So.2d 347, 347 (Fla. 1st DCA…