No. 19-6360

George C. Pugh v. Florida

Lower Court: Florida
Docketed: 2019-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing due-process felony florida-law habitual-felony-offender habitual-offender precedent release-date sentencing statutory-interpretation time-calculation
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Is it lawful for the Petitioner to be deemed an Habitual felony offender whereas the Petitioner was one day outside of the time period of conviction of his prior Felony or other qualifying offense, whereas the Statute Clearly states 'within' the 5 years?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is it lawfel for the Peki#ioner Ta be deemed an Habitual felony offer whereas the Petitioner was one day outside of the if dette of conviction of his prior Felony er other qoalitiee offense, whereas the Statute Clearly states “within” the 5 years. boes the inclusion of the term "within" in § 475.084 cD@)l2>d Flovida Statutes as it pertains to the calevlation of Hine for determining habitoo | Felony oftender goalificetion, me seo ° ‘e fournting Phe acha/ day in whith Efidioner is re ease f prtsid fo ensure that a dehatlan’ who Commits 6 , ’ quelityin offense on Haat Sane aay 48 bob ec: habions? Klong blender sanetions, Both questions stand on JEFFRIES Vv. STATE 610 So.2d 440 CFla.1992) ae buts) | ( Precedent Gi)

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-29
Waiver of right of respondent Florida to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
George C. Pugh
George C. Pugh — Petitioner