In Florida there is a classification called “habitual felony offender,” or “HFO.” Florida law specifically defines who can be sentenced as an HFO. In this case the defendant was sentenced as an HFO but he argues that he should not have been classified as an HFO, because according to him the court lacked neutrality since they were looking for the alleged victim to appear and testify. In order to be classified as an HFO, defendants must meet certain requirements.
Florida law requires that the court find three things in order for a defendant to be classified as an HFO. First, the state needs to prove that the defendant has previous separate felony convictions. These convictions cannot have been set aside or pardoned. The defendant must have two or more felony convictions in Florida or convictions for other qualified offenses.
The second prong of the test to determine who qualifies as an HFO requires that the defendant have committed the most recent felony while incarcerated or under supervision for a prior felony. Alternatively, the defendant can be considered an HFO if it has been five years or less since their last felony conviction or five years since they were released from prison or other confinement or monitoring. Finally, the statute makes clear that the felonies cannot be for purchase or possession of a controlled substance. Continue reading