Lee v. State

Pamela Lee challenges the denial of her postconviction motion which questions the propriety of her classification as a habitual felony offender pursuant to section 775.084(l)(a), Florida Statutes (1989). In her motion she alleges that the two predicate offenses utilized to qualify her both grew out of the same criminal episode. The trial court denied her motion in reliance on State v. Barnes, 595 So.2d 22 (Fla.1992), wherein the Florida Supreme Court interpreted the relevant statute not to require sequential convictions to establish the necessary predicates.1 In that opinion two concurring…