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Souza v. State12/17/2004
The issue presented by this appeal is whether the crime of DUI Manslaughter is a qualifying enumerated offense under the Prison Releasee Reoffender Act. We conclude that it is, and affirm.
The appellant, Joseph Allen Souza, who was convicted by a jury of DUI Manslaughter and other crimes not pertinent to this proceeding, appeals his judgment and sentence.
Because the sole issue raised by his appeal concerns the applicability of the Prison Releasee Reoffender Act (the "PRR Act"), the facts surrounding Mr. Souza's conviction are not germane.
At the sentencing hearing the State sought to qualify Mr. Souza for sentencing under the PRR Act by demonstrating that Mr. Souza had been released from the custody of the Department of Corrections about two years before the commission of the crimes for which he was being sentenced, and that DUI Manslaughter qualifies as one of the crimes to which the PRR Act applies. The defense pointed out, however, that the specific crime enumerated in the PRR Act is "Manslaughter," and not "DUI Manslaughter," and argued that the statute, therefore, did not apply to this case. The trial judge considered the case of White v. State, 666 So. 2d 895 (Fla. 1996), which concerned the Habitual Felony Offender ("HFO") statute, and ruled that DUI Manslaughter is a qualifying offense, and sentenced Mr. Souza accordingly.
Section 775.082(9)(a), the definitional section of the PRR Act, desribes a prison releasee reoffender as follows:
(9)(a) 1. "Prison releasee reoffender" means any defendant who commits, or attempts to commit:
a. Treason;
b. Murder;
c. Manslaughter;
d. Sexual battery;
e. Carjacking;
f. Home-invasion robbery;
g. Robbery;
h. Arson;
i. Kidnapping;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a destructive device or bomb;
o. Any felony that involves the use or threat of physical force or violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied structure; or
r. Any felony violation of s. 790.07, s. 800.04,
s. 827.03, or s. 827.071; within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, . . . following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.
The PRR Act contains the following description of the legislative intent in enacting the statute:
It is the intent of the Legislature that offenders previously released from prison who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection.
775.082(9)(d)1., Fla. Stat. (2002).
It is clear that the legislature intended by enacting the PRR Act to prevent persons released from prison from committing further serious crimes. See Ch. 97-239, Preamble, Laws of Florida; see also Fitzpatrick v. State, 868 So. 2d 615, (Fla. 2d DCA 2004). The Florida Sup
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