ANDREW EDGECOMB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Edgecomb appealed the summary denial of his post-conviction relief motion filed nearly eight years after his conviction for armed robbery and aggravated battery. Although the trial court erroneously found the motion untimely regarding his challenge to the legality of his 165-year sentence, the appellate court affirmed the denial because the sentence did not exceed the statutory maximum.
The trial court erred in finding the motion untimely regarding the challenge to the legality of the sentence, because a motion to vacate a sentence exceeding statutory limits may be filed at any time. However, the motion was properly denied on the merits because the 165-year sentence did not exceed the statutory maximum of 'a term of years not exceeding life' for first-degree robbery.
[1] A motion to vacate a sentence that exceeds the statutory limits provided by law may be filed at any time.
[2] A sentence of 125 years for robbery does not exceed the statutory maximum of 'a term of years not exceeding life'.
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Join FLexlaw to unlock all legal intelligence“a motion to vacate a sentence which exceeds the limits provided by law may be filed at any time”
Establishes that challenges to illegal sentences are not subject to the two-year filing deadline that applies to other Rule 3.850 motions
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Join FLexlaw to unlock all legal intelligenceOn August 2, 1982, Edgecomb was convicted of two counts of armed robbery and one count of aggravated battery and sentenced to 165 years' incarceration…
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PER CURIAM.
Andrew Edgecomb has appealed the summary denial of his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which the trial court found was untimely filed. We affirm, but because the trial court erroneously found the motion untimely as to an allegation that Edgecomb’s sentence exceeded the limits provided by law, we wish to explain our affirmance as to that allegation.
On August 2, 1982, Edgecomb was convicted of two counts of armed robbery and one of aggravated battery, and was sentenced to a total of 165 years’ incarceration. He appealed to this court, which affirmed without opinion in Edgecomb v. State, 455 So. 2d 1034 (Fla. 1st DCA 1984). Edgecomb filed the instant motion on November 13, 1990, alleging four grounds, as to three of which the trial court correctly concluded the motion was untimely.1 How ever, the fourth ground alleged that Edge-comb’s sentence was illegal as exceeding the statutory maximum for his offenses. Because a “motion to vacate a sentence which exceeds the limits provided by law may be filed at any time,” the trial court erred in finding the motion untimely as to this allegation. The motion was nevertheless correctly denied.
At the time Edgecomb committed the two armed robberies and the aggravated battery of which he was convicted, robbery with a firearm was a first-degree felony punishable by “a term of years not exceeding life,” § 812.13(2)(a), Fla.Stat. (1981). In Alvarez v. State, 358 So. 2d 10 (Fla.1978), the Florida Supreme Court held that a 125-year sentence for robbery did not exceed the statutory maximum of “a term of years not exceeding life,” in that it was, in effect, a life sentence. Therefore, the sentence herein did not exceed the statutory maximum, and the motion was properly denied as to that allegation.
Affirmed.
JOANOS, C.J., and SHIVERS and WOLF, JJ., concur. . Rule 3.850 provides that no motion, other than a motion to vacate a sentence which exceeds the limits provided by law, shall be filed or considered pursuant to the rule if filed more than two years after the judgment and sentence become final, with certain exceptions which are inapplicable here. Any person whose judgment and sentence became final prior to January 1, 1985 had until January 1, 1987 to file a motion in accordance with the rule.
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Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)…not exceeding life); Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 623 (Fla. 1994) (sentence of 125 years for first-degree felony punishable by term of years not exceeding life is legal sentence); Edgecomb v. State, 587 So. 2d 647 (Fla. 1st DCA 1991) [*629] (sentence of 165 years for first-degree felony punishable by term of years not exceeding life is legal sentence); Sterling v. State, 584 So. 2d 626 (Fla. 2d DCA), rev. denied, 592 So. 2d 682 (Fla.1991) (by virtue of a stat…
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Fredrick L. Wilson, Sr. v. State, 630 So. 2d 605 (Fla. 1st DCA 1993)…PER CURIAM. AFFIRMED. Alvarez v. State, 358 So. 2d 10 (Fla.1978); Edgecomb v. State, 587 So. 2d 647 (Fla. 1st DCA 1991). ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.…
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Carswell v. State, 686 So. 2d 3 (Fla. 2d DCA 1995)…PER CURIAM. Gregory Carswell has appealed the summary denial of his motion for postconviction relief. We affirm the trial court’s denial based on Stripling v. State, 645 So. 2d 589 (Fla. 3d DCA 1994) and Edgecomb v. State, 587 So. 2d 647 (Fla. 1st DCA 1991). CAMPBELL, A.C.J., and BLUE and WHATLEY, JJ., concur,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alphonso Alvarez v. State, 358 So. 2d 10 (Fla. 1978)