BENJAMIN HAYWARD HOPKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this capital felony case following a guilty plea, the court vacated a 199-year sentence and remanded for resentencing to life imprisonment with 25-year minimum before parole eligibility, holding that Florida law authorizes only life imprisonment (not a term of years) for first-degree murder when capital punishment is not imposed.
The only sentence authorized under Florida Statutes Section 775.082(1) for first-degree murder when capital punishment is not imposed is life imprisonment with no eligibility for parole until at least 25 years have been served.
[1] A sentence for first-degree murder, when the death penalty is not imposed, must be life imprisonment with no parole eligibility for at least 25 years.
[2] A trial court lacks authority to impose a sentence of a specific term of years, such as 199 years, for a capital felony when the authorized punishment is life imprisonmen…
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Join FLexlaw to unlock all legal intelligence“the only sentence authorized under Section 775.082(1) in this case is life imprisonment with no eligibility for parole until no less than 25 years have been served.”
States the court's holding regarding the proper sentence for first-degree murder when the death penalty is not imposed.
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Join FLexlaw to unlock all legal intelligenceAppellant Benjamin Hayward Hopkins pleaded guilty to first-degree murder, a capital felony. The trial court sentenced him to 199 years with no parole …
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JOANOS, Judge.
In this appeal from a judgment and sentence for first degree murder, a capital felony, following a guilty plea, appellant contends that the court erred in sentencing him to a term of 199 years. The sentence also provided that appellant would have no parole eligibility for 25 years, and the court reserved jurisdiction to review any release order pursuant to Section 947.16(3), Florida Statutes, for 66 years.
Appellant asserts that the only sentence authorized for a capital felony when the death sentence is not imposed is life imprisonment with no parole eligibility for 25 years; in other words, there was no authority for the sentence to a term of 199 years rather than simply “life.” Appellant contrasts the language of subsection 775.082(1), which contains no reference to a term of years or term of imprisonment, with that of subsections 775.082(3)(a) and (b), which provide for punishment “by a term of imprisonment for life” and “by imprisonment for a term of years not exceeding life imprisonment,” respectively. Appellee agreed that the appropriate sentence would be life imprisonment with the requirement that no less than 25 years be served before parole eligibility, citing Craig v. State, 290 So. 2d 502 (Fla. 4th DCA 1974), and recommended that the sentence be revised to conform with Sections 775.082 and 947.16, Florida Statutes (1981).
In analyzing the case and arguments of appellant, there appeared a potential problem in the application of Section 947.16(3), Florida Statutes, should the sentence be revised according to the parties’ recommendations. On resentencing appellant to life imprisonment, should the trial court again enter an order pursuant to Section 947.-16(3), it would be for one-third of the life sentence. We have considered the parties’ supplemental briefs on this point. However, it is not appropriate to decide at this time whether the sentencing court may enter an order retaining jurisdiction for the first one-third of a life sentence, since no such order has been entered by the court below. See Gaskins v. State, 415 So. 2d 132 (Fla. 5th DCA 1982).
Based on the authorities brought to this court’s attention by the parties, it appears that the only sentence authorized under Section 775.082(1) in this case is life imprisonment with no eligibility for parole until no less than 25 years have been served.
The sentence is vacated and remanded for resentencing to life imprisonment with no less than 25 years to be served before appellant is eligible for parole.
LARRY G. SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jabo Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983)…DCA 1981). Nor may the trial court retain jurisdiction over the first third of the life sentence. While other courts within the state have not yet ruled on this issue directly, see, e.g., Harmon v. State, 438 So. 2d 369 (Fla.1983); Hopkins v. State, 418 So. 2d 1183 (Fla. 1st DCA 1982); Gaskins v. State, 415 So. 2d 132 (Fla. 5th DCA 1982), the Third District Court of Appeal has adopted the position that where a life sentence is imposed, section 947.16(3), Florida Statutes is inappo-site. Since a life span is im…
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Lucius Bernard Smith v. State, 545 So. 2d 423 (Fla. 4th DCA 1989)…was ever informed either by his lawyer or the court that the sentence was a life sentence with a twenty-five year mandatory minimum, which is the only authorized sentence for a capital felony when the death sentence is not imposed. Hopkins v. State, 418 So. 2d 1183 (Fla. 1st DCA 1982). Conceivably, under a life sentence appellant could serve longer than the twenty-five-year minimum. Since appellant was not informed of the correct sentence and the trial court entered a sentencing order which imposed an unauthor…
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Odell Hall, Sr. v. State, 492 So. 2d 778 (Fla. 2d DCA 1986)…ow, the only authorized sentences for capital felonies were death by electrocution or life in prison. § 775.082, Fla.Stat. (1971, 1985). If appellant’s allegations are correct the sentences imposed in this case should be corrected. Hopkins v. State, 418 So. 2d 1183 (Fla. 1st DCA 1982). We remand this case to the trial court with directions either to correct the sentences in accordance with this opinion or to attach sufficient portions of the record to demonstrate that appellant is not entitled to relief. If…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gaskins v. State, 415 So. 2d 132 (Fla. 5th DCA 1982)
- Craig v. State, 290 So. 2d 502 (Fla. 4th DCA 1974)