ANGELO COICOU
v.
STATE OF FLORIDA
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This case consolidates two appeals from Angelo Coicou. The appellate court affirmed the denial of one motion but reversed and remanded another, where the trial court improperly corrected a sentence after initially denying relief and imposed an incorrect mandatory minimum.
The trial court properly denied the rule 3.800(a) motion because the appellant was not prejudiced by the absence of a mandatory minimum sentence. However, the trial court erred by later sua sponte correcting the sentence to add an incorrect mandatory minimum.
[1] A defendant is not entitled to relief under rule 3.800(a) for an unlawfully lenient sentence absent a showing of prejudice.
[2] A defendant cannot show prejudice when the relief sought would result in a sentence with more onerous terms than the one initially received.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Though the plain language of rule 3.800(a) does not expressly prohibit defendants from seeking to correct unlawfully lenient sentences, we note that defendants are not entitled to such relief under the rule absent a showing of prejudice.”
Establishes the standard for defendants seeking to correct unlawfully lenient sentences under rule 3.800(a).
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Angelo Coicou appealed the denial of a rule 3.850 motion, which was affirmed. He also appealed the denial of a rule 3.800(a) motion to corre…
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FORST, J.
Appellant Angelo Coicou has filed two appeals which we have consolidated. In 4D22-1915, Appellant appeals the denial of his rule 3.850 motion, which we affirm without discussion.
In 4D22-329, Appellant seeks review of two orders issued on January 6, 2022. First, the trial court denied Appellant’s rule 3.800(a) motion to correct his sentence for aggravated assault with firearm (count four). Appellant’s motion cited the absence of a mandatory minimum sentence in the court’s written order. The trial court properly relied on Earl v. State, 314 So. 3d 1253 (Fla. 2021), to deny relief. See id. at 1255 (“Though the plain language of rule 3.800(a) does not expressly prohibit defendants from seeking to correct unlawfully lenient sentences, we note that defendants are not entitled to such relief under the rule absent a showing of prejudice.”). Here, because Appellant was not prejudiced by the postconviction court’s denial of his rule 3.800(a) motion “because the relief he sought was a sentence with more onerous terms than the one that he initially received,” Appellant “cannot show that the denial of his rule
3.800(a) motion resulted in harm that may be remedied on appeal.” Id. at 1255-56.
However, the trial court also sua sponte corrected Appellant’s sentence on count four to add a ten-year mandatory minimum sentence. Although no nunc pro tunc sentencing documents have been entered by the trial court or clerk following this order and Appellant’s sentence prior to the order remained in force, the order nonetheless erroneously granted rule 3.800(a) relief that had already been properly denied. Further, as the State concedes, ten years was not the proper mandatory minimum for this offense. See § 775.087(2)(a)1., Florida Statutes (2012). We thus reverse and remand this matter with instructions to the trial court to vacate the January 6, 2022 sua sponte order and take no further action with respect to Appellant’s sentence on count four. Affirmed in part, reversed in part, and remanded with instructions.
GROSS and CONNER, JJ., concur.