RAFAEL GONZALEZ SANTIAGO
v.
STATE OF FLORIDA
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The appellate court reviewed a criminal judgment and sentence, agreeing with the appellant and the State that the trial court made errors in designating the crimes and imposing sentences. The court reversed and remanded for corrections.
The appellate court held that the judgment contained errors in designating the crimes and offense statute numbers, and that the life sentences imposed on Counts 1 and 4 were improper. The maximum permissible sentence for a Habitual Felony Offender on these counts was 30 years.
[1] A judgment and sentence may be reversed and remanded for correction when the judgment does not correctly reflect the trial court's verdict or when the sentences exceed th…
[2] A trial court must correct a judgment to accurately designate the crime, offense statute number, and degree of crime as determined by the verdict.
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“Therefore, we reverse the provisions of the judgment that designate: the crime on Counts 1 and 4; the offense statute number on Count 4; and the degree of crime on Counts 1, 3 and 4.”
Establishes the court's decision to reverse specific parts of the judgment due to errors.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRafael Gonzalez Santiago was found guilty on multiple counts. He appealed, arguing that the judgment incorrectly reflected the trial court's verdict o…
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WHITE, J.
Rafael Gonzalez Santiago appeals the judgment and sentence entered after he was found guilty on multiple counts.1 Santiago argues that the judgment does not correctly reflect the trial court’s verdict2 on Counts1, 3 and 4, and the sentences on Counts1 and 4 exceed the maximum permissible sentence. The State agrees.3 On remand, the trial court shall correct the judgment to designate: the crime as sexual battery (2d degree) on Count1, and robbery on Count 4; the offense statute number as 812.13(2)(c) on Count 4; and the degree of crime as second degree on Count1, third degree on Count3, and second degree on Count 4. We also reverse the life sentences imposed on Counts1 and 4. Because Santiago was properly designated as a Habitual Felony Offender, the maximum permissible sentence on each of those counts was 30 years.4 See § 775.084(4)(a)2., Fla. Stat. (2019). Therefore, we remand for the trial court to resentence Santiago on Counts1 and 4 as a Habitual Felony Offender. Otherwise, we affirm the judgment and sentence without further discussion.
AFFIRMED in part; REVERSED in part; REMANDED with instructions. TRAVER, C.J., and STARGEL, J., concur. 2 The parties agreed to a bench trial.3 The State also agreed in its response to Santiago’s timely rule 3.800(b)(2) motion. That motion was deemed denied, however, because the trial court did not rule on it within 60 days. See Fla. R. Crim. P. 3.800(b)(2)(B). 4 The Criminal Punishment Code did not require a longer sentence on either count. See State v. Gabriel, 314 So. 3d 1243 (Fla. 2021).
Howard L. “Rex” Dimmig, II, Public Defender, and Rachel Page Roebuck, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.