KENNETH LEROY COFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cofield appealed a trial court's denial of his Rule 3.800(a) motion to correct an illegal sentence as untimely. The court reversed, holding that Rule 3.800(a) motions challenging illegal sentences may be filed at any time and that the issues raised—retention of jurisdiction over a life sentence and stacking of mandatory minimum sentences—are properly brought under Rule 3.800(a) rather than the time-limited Rule 3.850.
Rule 3.800(a) permits correction of illegal sentences at any time without a time limitation. The issues of improper retention of jurisdiction over a life sentence and impermissible stacking of mandatory minimum sentences constitute illegal sentences properly raised under Rule 3.800(a), not Rule 3.850. The trial court erred in denying the motion as untimely.
[1] A court may at any time correct an illegal sentence.
[2] A motion to correct an illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure, may be filed at any time.
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Join FLexlaw to unlock all legal intelligence“A court may at any time correct an illegal sentence imposed by it. Rule 3.800(a), Fla.R.Crim.P.”
Establishes the fundamental principle that Rule 3.800(a) motions have no time limitation when addressing illegal sentences
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Join FLexlaw to unlock all legal intelligenceCofield was convicted of first-degree murder and armed robbery in April 1983 and sentenced to consecutive terms of life with a 25-year minimum mandato…
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[*587] PER CURIAM.
Kenneth Leroy Cofield has appealed from an order denying as untimely his motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We reverse, and remand for further consideration of the motion.
Cofield was convicted of first-degree murder and armed robbery and, in April 1983, was sentenced to consecutive terms of life with a 25-year minimum mandatory term, and life with a 3-year minimum mandatory term. The trial court retained jurisdiction over one-half of the total of the sentences. Cofield appealed, raising the propriety of retaining jurisdiction over a life sentence, but this court dismissed the appeal based on a failure to object to the retention, Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984), overruled State v. Mobley, 481 So. 2d 481 (Fla.1986).
The instant motion pursuant to Rule 3.800(a) was filed on June 20, 1991. Co-field alleged therein that his sentence was illegal based on: 1) the impropriety of retaining jurisdiction over a life sentence, and 2) the imposition of consecutive mandatory minimum terms based on crimes arising from a single transaction. The trial court denied the motion as untimely. Cofield argues that, by the terms of Rule 3.800(a), motions pursuant thereto may be filed at any time. The state responds that the issues raised in Cofield’s motion are properly raised only in motions pursuant to Rule 3.850. Therefore, Cofield’s motion was properly held subject to the two-year time limit stated in Rule 3.850.
A court may at any time correct an illegal sentence imposed by it. Rule 3.800(a), Fla.R.Crim.P. There is no statutory authority for retention of jurisdiction over a life sentence, State v. Mobley, 481 So. 2d 481 (Fla.1986), and the issue is properly raised in a motion pursuant to Rule 3.800(a). Anderson v. State, 584 So. 2d 1127 (Fla. 4th DCA 1991). Further, the impermissible stacking of mandatory minimum sentences renders a sentence illegal, which fundamental error is subject to collateral attack via Rule 3.800(a). Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987). The trial court erred in denying the instant motion as untimely filed, and we reverse an<^ remand for further proceedings thereon-
JOANOS, C.J., and BOOTH and SHIVERS, JJ., concur.
PER CURIAM.
Appellee seeks rehearing of the opinion of this court dated May 28, 1992, in which we reversed the order of the trial court denying as untimely appellant Cofield’s motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We deny the motion, but pursuant to Rule 9.030(a)(2)(A)(v), Florida Rules of Appellate Procedure, certify the following question as of great public importance:
Does the impermissible “stacking” of mandatory minimum sentences render a sentence “illegal” within the meaning of Rule 3.800(a), Florida Rules of Criminal Procedure, so that an issue as to the propriety of such “stacking” is properly raised at any time in a motion pursuant to that rule? See e.g., Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987).
The motion for rehearing is denied.
JOANOS, C.J., and BOOTH and SHIVERS, JJ., concur.
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Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993)…and use of a firearm. . Florida Rule of Criminal Procedure 3.800(a) states: A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guideline score-sheet. See also Cofield v. State, 602 So. 2d 586, 587 (Fla. 1st DCA 1992); Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987). . § 813.011, Fla.Stat. (Supp.1974). . § 813.011, Fla.Stat. (Supp.1974), and § 812.-13, Fla.Stat. (1975), effective July 1, 1975. . § 813.011, Fla.Stat. (Supp.1974). .…
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Green v. State, 630 So. 2d 1193 (Fla. 1st DCA 1994)…WOLF, JJ., concur. . Florida Rule of Criminal Procedure 3.800(a) provides that a court "may at any time correct an illegal sentence....” Thus, Appellant’s waiting 10 years to file this motion does not bar his right to relief. Cf. Cofield v. State, 602 So. 2d 586, 587 (Fla. 1st DCA 1992); Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987).…
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Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998)…n the absence of an “offense of which the defendant has been adjudged guilty.” Fla. R.Crim. P. 3.700. Such a sentence is illegal. “A court may at any time correct an illegal sentence imposed by it....” Fla. R.Crim. P. 3.800(a). See Cofield v. State, 602 So. 2d 586 (Fla. 1st DCA 1992).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984)
- Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987)
- Anderson v. State, 584 So. 2d 1127 (Fla. 4th DCA 1991)
- State v. Cleve Andrew Mobley, 481 So. 2d 481 (Fla. 1986)
- Sanchez v. Maynard F. Swanson, Jr., 481 So. 2d 481 (Fla. 1986)