CHARLES EDWARD BASS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reversed a district court decision that barred Charles Bass from challenging his consecutive mandatory minimum sentences on collateral review. The Court held that Palmer v. State's prohibition on consecutive minimum mandatory sentences for offenses arising from a single criminal episode applies retroactively, allowing Bass's 3.850 motion to proceed despite being a successive petition.
The Court held that Palmer's prohibition on consecutive minimum mandatory sentences applies retroactively as a matter of policy, allowing Bass to challenge his sentences through a Rule 3.850 motion despite it being successive, because the consecutive imposition of minimum mandatory sentences was illegal.
[1] A ruling that consecutive minimum mandatory sentences cannot be imposed for separate offenses arising from a single criminal transaction or episode applies retroactively.
[2] A claim that consecutive minimum mandatory sentences were illegally imposed for offenses arising from a single criminal episode is subject to collateral attack under Flor…
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Join FLexlaw to unlock all legal intelligence“the three-year minimum mandatory sentences described by section 775.021(4), Florida Statutes (1983), could not be imposed consecutively for separate offenses arising from a single criminal transaction or episode”
Establishes the holding in Palmer v. State that Bass invoked
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Join FLexlaw to unlock all legal intelligenceBass was convicted in 1979 of armed burglary, armed robbery, and aggravated battery and sentenced to consecutive mandatory minimum three-year sentence…
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PER CURIAM.
We have for review Bass v. State, 478 So. 2d 461 (Fla. 1st DCA 1985). This Court has jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, based on direct conflict of decisions, and we quash the decision of the district court below.
The petitioner, Bass, was convicted in 1979 of armed burglary, armed robbery, and aggravated battery. He was sentenced to consecutive mandatory minimum three-year sentences, which were affirmed on appeal per curiam. Bass v. State, 412 So. 2d 473 (Fla. 1st DCA 1982). In the interim between that direct appeal and this, Bass’ third motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, this Court issued its opinion in Palmer v. State, 438 So. 2d 1 (Fla. 1983). Bass alleges that because the three offenses arose from a single criminal episode, his sentences were erroneous under section 775.087, Florida Statutes (1981), as interpreted by this Court in Palmer. The trial court dismissed the motion on the ground that it was a successive motion for the same or similar relief. The district court affirmed on different grounds, stating that “[mjatters which could have been raised on direct appeal may not be considered by motion under Rule 3.850.” Bass v. State, 478 So. 2d at 461.
In Palmer this Court held that the three-year minimum mandatory sentences described by section 775.021(4), Florida Statutes (1983), could not be imposed consecutively for separate offenses arising from a single criminal transaction or episode. At that time we did not state whether our ruling would have retroactive application. Upon consideration, we have now concluded as a matter of policy that the principle of Palmer should be applied retroactively. We believe that it would be manifestly unfair for prisoners such as Bass, who received consecutive minimum mandatory sentences prior to Palmer, to be treated differently from those who had the good fortune of being sentenced for similar conduct after that decision was rendered.
Thus, if the allegations of Bass’ petition are correct, the consecutive imposition of minimum mandatory sentences was illegal and, as such, subject to collateral attack under Florida Rule of Criminal Procedure 3.850. See Dowdell v. State, 500 So. 2d 594 (Fla. 1st DCA 1986). Accordingly, we quash the decision of the district court of appeal and remand this case for further proceedings consistent with this opinion.
It is so ordered.
overton, McDonald, shaw, BARKETT, GRIMES and KOGAN, JJ., concur. EHRLICH, C.J., concurs in result only.
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Cited By (32 total)
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State v. Callaway, 658 So. 2d 983 (Fla. 1995)…’s motion, remanded the ease, and certified the above questions to be of great public importance. Id. at 642. [*986] At the outset, we note that the district court of appeal expressed some concern over whether this Court’s decision in Bass v. State, 530 So. 2d 282 (Fla.1988), established a different standard than that expressed in Witt for determining whether a change of law should be applied retroactively to provide postconviction relief. In Bass, we found that it would be “manifestly unfair” not to retroact…
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Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)…t. 796, 66 L.Ed.2d 612 (1980), where we addressed the retrospective application of changes in criminal law to cases on collateral review. Although we have occasionally applied precedent retrospectively on collateral review, see, e.g., Bass v. State, 530 So. 2d 282 (Fla.1988), we have in numerous instances distinguished collateral cases from "pipeline” cases, i.e., those not yet final, at the time the law changed, applying the change in law retrospectively only to the pipeline cases. See, e.g., Jones v. State,…
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Johnson v. State, 904 So. 2d 400 (Fla. 2005)…529, 96 L.Ed.2d 440 (1987), which held that victim impact evidence is inadmissible in a capital sentencing proceeding, overruled by Payne v. Tennessee, 501 U.S. 808, 830, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991), applied retroactively); Bass v. State, 530 So. 2d 282, 283 (Fla.1988) (holding that ruling in Palmer v. State, 438 So. 2d 1, 3 (Fla.1983), which held that the three-year minimum mandatory sentences prescribed by Florida Statutes could not be imposed consecutively for separate offenses arising from a si…
Previewing 3 of 32 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Napoleon Dowdell v. State, 500 So. 2d 594 (Fla. 1st DCA 1986)
- Bass v. State, 478 So. 2d 461 (Fla. 1st DCA 1985)