NORMAN LEONARD BLACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Norman Leonard Black appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800. The court reverses because the trial court failed to properly address Black's allegation that he was sentenced to life imprisonment for unarmed robbery when the applicable statute limited punishment to fifteen years.
The court reverses the trial court's summary denial of Black's motion to correct illegal sentence because the record does not conclusively refute his allegation that he was charged with unarmed robbery. The trial court must either summarily deny the motion with supporting documentation from the record or hold an evidentiary hearing.
[1] A life sentence may be illegal if the defendant was charged and pled guilty to a lesser offense than that for which the life sentence was imposed.
[2] A motion to correct an illegal sentence may be summarily denied only if the record conclusively refutes the defendant's allegations.
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Join FLexlaw to unlock all legal intelligence“Because his life sentence for one of four robberies may be illegal, we reverse.”
Establishes the court's basis for overturning the summary denial and the central issue on appeal.
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Join FLexlaw to unlock all legal intelligenceIn 1976, Black pled guilty to four separate robberies. For case no. 75-4844, he initially received a life sentence suspended after eighteen months wit…
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PER CURIAM.
Norman Leonard Black appeals the summary denial of his motion to correct an illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800. Because his life sentence for one of four robberies may be illegal, we reverse.
In 1976, appellant pled guilty to four separate robberies. For one of the four robberies, circuit court case no. 75-4844, he received a life sentence to be suspended after eighteen months’ imprisonment to be followed by life probation. His probation was revoked in 1978 at which time he was sentenced to life imprisonment in ease 75-4844, and to fifteen-year sentences on the other three robberies. Appellant challenges only his life sentence.
In his motion, appellant alleged that he was indicted in case 75-7844 by a grand jury for robbery allegedly committed on September 7, 1975. The indictment attached to appellant’s motion reflects that appellant was charged pursuant to section 813.011, Florida Statutes, which was no longer in existence at the time of the alleged offense. See Smith v. State, 438 So. 2d 910 (Fla. 2d DCA 1983). Appellant claims that he should have been charged under section 812.13(2)(c), Florida Statutes (1975), carrying a maximum of fifteen years’ imprisonment, rather than the life sentence he received.
Nothing in the record before us refutes appellant’s allegation that he was charged with and pled to unarmed robbery as opposed to armed robbery. If appellant was charged with and pled to armed robbery, the life sentence would be proper. If he was not charged with and did not plead to armed robbery, as is his contention, then he may be entitled to relief. Because the trial court neither conducted an evidentiary hearing nor attached portions of the record refuting appellant’s allegations, we are not in a position to evaluate his claim of an illegal sentence.
Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion, attaching to its order those portions of the record which conclusively show appellant is not entitled to relief, or hold an evidentiary hearing. To obtain further review, any aggrieved party must timely appeal any subsequent action of the trial court.
Reversed and remanded.
DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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Cited By
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Curtis v. State, 668 So. 2d 1116 (Fla. 2d DCA 1996)…Curtis’s motion. On remand, the trial court must attach portions of the record refuting this claim or, if necessary, hold a limited evidentiary hearing to determine whether Curtis was convicted of simple robbery or armed robbery. See Black v. State, 587 So. 2d 595 (Fla. 2d DCA1991). Reversed and remanded. CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.…
Authorities Cited
- Smith v. State, 438 So. 2d 910 (Fla. 2d DCA 1983)