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 (from Petition)

Is it lawfol for the Petittioner For be decmed an Habitual fetorry offe whereas the Petitioner was one day outside of the B years of dor of conviction of his prior felony or other qualified offence.

boes the incloslon of the term "Within" in 77s.084culajlz)b Florida Statutes as it pertains to the calculation of time for determining habitoal felony offender gualification, necessitate Counting the actual day in which Befitioner is released from prisdrd to ensure that a defendant who commits a habitoalflonyofender sanctions.

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?

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