LAMAR LEON SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court properly re-sentenced defendant from probation to minimum mandatory imprisonment as a habitual violent felony offender under Florida Statutes section 775.084(4)(b)(2), correcting an illegal original sentence.
A trial court may correct an illegal sentence by re-sentencing a habitual violent felony offender to the statutorily required minimum mandatory imprisonment term.
[1] A trial court may correct an illegal sentence imposed at an original sentencing hearing by re-sentencing a defendant to the minimum mandatory term required by statute for…
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Join FLexlaw to unlock all legal intelligenceSims was convicted of two robbery counts. On March 19, 1991, the trial court sentenced him to concurrent ten-year probation as a habitual offender. Tw…
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PER CURIAM.
Lamar Leon Sims (Sims) appeals his re-sentencing in case no. CF 90-3315. For each of the two robbery counts in case no. CF 90-3315, he received a sentence of concurrent ten years habitual offender probation. These • sentences were imposed on March 19, 1991. Two days later on March 21, 1991, the trial court vacated Sims’ sentences and imposed two sentences of ten years minimum mandatory imprisonment as a habitual violent felony offender on each count consecutively. Sims contends the trial court illegally enhanced the sentences. We disagree and affirm.
A trial court is required to impose the minimum mandatory sentence under section 775.084(4)(b)(2), Florida Statutes (1989). King v. State, 597 So. 2d 309, 315 (Fla. 2d DCA), rev. denied, 602 So. 2d 942 (Fla.1992). In this case, at the original sentencing hearing, the trial court found Sims to be a habitual violent felony offender but sentenced him to probationary terms instead of to the minimum mandatory terms for the second degree felonies. This court’s ruling in King would have required reversal if the state had appealed the original sentences. At the resentencing, after the state objected to the probationary terms, the trial judge was authorized to correct the illegal sentences. We hold the resentencing was in accord with section 775.084(4)(b)(2) and with King, 597 So. 2d at 315.
Affirmed.
CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.
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Citator
Cited By (11 total)
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State v. Hudson, 698 So. 2d 831 (Fla. 1997)…[*832] HARDING, Justice. We have for review Hudson v. State, 682 So. 2d 657 (Fla. 3d DCA 1996), which expressly and directly conflicts with the opinions in White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993), Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992), and Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992), on the issue of whether the imposition of minimum mandatory terms under the habitual offender statute is permissive or mandatory. We have jurisdiction pursuant to article V…
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White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)…der, has the discretion to impose a sentence of “any term of years not less than the minimum mandatory nor more than the maximum sentence provided in subsections 775.084(4)(b)(l), (2) and (3).” 597 So. 2d at 315. (Emphasis added.) See Sims v. State, 605 So. 2d 997 (Fla. 2d DCA1992) (where trial court decides to sentence defendant as habitual violent felony offender, minimum mandatory sentence must be included in sentence); Lowe, 605 So. 2d at 507 (relying on King in holding that habitual violent felony offend…
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State v. Frye, 699 So. 2d 1010 (Fla. 1997)…PER CURIAM. We have for review Frye v. State, 690 So. 2d 629 (Fla. 3d DCA 1997), which expressly and directly conflicts with White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992); and Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In accordance with our decision in State v. Hudson, 698 So. 2d 831 (Fla.1997), we approve the decision below. KOGAN,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)