Eleventh Circuit Court of Appeals - Published Opinions

Friday, March 31, 2006

Spears: Judge, not jury, can find two, not one, prior felonies

In U.S. v. Spears, No. 04-13297 (March 30, 2006), the Court affirmed the imposition of a sentence based on three prior qualifying convictions under the Armed Career Criminal Act.
The Court rejected the argument that two prior robberies should have only been counted as one. After the defendant went to a local park to rob two persons, and committed the robberies, on his way back to his car he spotted another person, and robbed this person. The Court held that this constituted two robberies. The first robbery was complete when the defendant decided to rob anew.
The Court also found no plain error under Apprendi and its progeny in the judge making the determination that two, not just one, robberies occured. The Court noted that the fact of a prior conviction remains within the fact-finding of a judge.
The Court also rejected the argument that one conviction should not count because the defendant was just 17 years old when he committed it. The Court pointed out that Spears was tried as an adult for this offense.
The Court also rejected the argument that adjudication had been withheld for one prior conviction, pointing out that adjudication of guilt was ultimately imposed when the defendant violated his probation.