Legal Opinion

Brooks v. State

District Court of Appeal of Florida

Decided June 2, 2004No. 4D03-2337Published

1Per curiam

James Brooks entered a plea of nolo contendere to a charge of attempted robbery. A Judgment was entered and he was sentenced as a habitual violent felony offender to ten years in prison with an enhancement of five years minimum mandatory imprisonment. On appeal, this court determined that the sentence was improper because carjacking, the offense used to qualify Brooks as a habitual felony offender, is not an enumerated offense under section 775.084(l)(b), Florida Statutes (2000). This court reversed and remanded for a proper sentence to be entered. See Brooks v. State, 837 So.2d 1125 (Fla.…

2Cases cited3 opinions

  1. State v. JohnsonSupreme Court of Florida · 1986
  2. Brooks v. StateDistrict Court of Appeal of Florida · 2003
  3. Smith v. StateDistrict Court of Appeal of Florida · 1990

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