BOBBY CRABTREE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Crabtree sought correction of a 1975 armed robbery sentence through a Rule 3.800(a) motion filed 17 years later, arguing it was illegally classified as a 'life felony' and should be a first-degree felony. The court affirmed the sentence's legality but remanded to correct the classification and strike the hard labor condition.
The court held that although Crabtree's sentence was properly imposed under 1975 law, the judgment should be corrected to reflect a first-degree felony conviction rather than a life felony, and the hard labor condition should be stricken. The 126-year term itself was lawful for armed robbery in 1975.
[1] Motions to correct an illegal sentence under Rule 3.800(a) are not subject to statutory time limitations.
[2] A sentence imposing "hard labor" may be corrected as an illegal sentence.
Previewing 2 of 5 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“While seventeen years is a long time to wait before filing a Rule 3.800(a) motion to correct an illegal sentence, nevertheless there are no time deadlines or 'statute of limitations' for such motions.”
Establishes that Rule 3.800(a) motions may be filed without temporal limitations despite delay.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCrabtree was sentenced in 1975 to 126 years of hard labor for armed robbery. He filed a Rule 3.800(a) motion in 1993 claiming his sentence was illegal…
The full statement of facts, procedural history, and disposition for this case are member content.
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W. SHARP, Judge.
Crabtree filed a rule 3.800(a) motion on May 6, 1993 to correct an allegedly illegal sentence in a 1975 case.1 His motion was summarily denied by the trial court. A second motion was filed on May 17, 1993, seeking the same relief, and it also was summarily denied on May 26, 1993. Appeals were filed in both cases and this court has consolidated them. We affirm the sentence in all regards except we agree that part of the sentence which imposes “hard labor” on Crabtree, should be stricken and Crabtree’s sentence should be corrected to show it is a first degree felony, rather than a life felony.
While seventeen years is a long time to wait before filing a Rule 3.800(a) motion to correct an illegal sentence, nevertheless there are no time deadlines or “statute of limitations” for such motions.2 Crab-tree further asserts he is being injured in his treatment by the Department of Corrections by having been incorrectly designated as a “life felon.” The record does not refute his charges.
Crabtree argues his sentence for armed robbery3 was illegal because it was labeled a “life felony” and he was given a term of 126 years. In 1975 armed robbery was a first degree felony, specifically punishable by imprisonment for life, or for any lesser term of years4 at the discretion of the court.5 Courts sentencing for that crime had the discretion to set lengthy sentences, without consideration for normal spans of human life expectancy. See Harmon v. State, 438 So. 2d 369 (Fla.1983), cert. denied, 498 U.S. 832, 111 S.Ct. 96, 112 L.Ed.2d 68 (1990) (sentence of 6 consecutive terms of 100 years affirmed); Alvarez v. State, 358 So. 2d 10 (Fla.1978) (sentence of 125 years affirmed).
Had Crabtree been sentenced for a true “life felony” currently, the court could only have sentenced him to a term of imprisonment not exceeding kO years. See, e.g., Sterling v. State, 584 So. 2d 626 (Fla. 2d DCA), rev. denied, 592 So. 2d 682 (Fla.1991); Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991); Salas v. State, 589 So. 2d 343 (Fla. 4th DCA 1991). Although this may be a distinction without any rational basis, no constitutional challenge6 was raised below, and the limitation of 40 years for “life felonies” was created by statute in 1983, long after Crabtree’s crime, trial and sentence.
In 1975, the sentence for “life felonies” was life imprisonment or a term of years not less than 30.7 For first degree felonies, the sentence prescribed by the Legislature was a term of imprisonment not exceeding 30 years unless specifically provided in the statute for “a term of years not exceeding life imprisonment.” 8 As noted above, the armed robbery statute specifically provided for imprisonment for life or a term of years. Thus, there was no anomaly between punishments for life felonies and first degree felonies in 1975, and Crabtree’s sentence was as prescribed by the Legislature for armed robbery in 1975.
We affirm the sentence but remand to the trial court to correct Crabtree’s judgment to reflect his conviction for a first degree felony, and to strike the condition of hard labor. See Gandy v. State, 560 So. 2d 1363 (Fla. 1st DCA 1990); Iannucci v. State, 400 So. 2d 139 (Fla. 5th DCA 1981); Evans v. State, 395 So. 2d 1242 (Fla. 5th DCA 1981); Pryor v. State, 390 So. 2d 475 (Fla. 5th DCA 1980); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975), rev. on other grounds after remand, 345 So. 2d 755 (Fla. 4th DCA 1977); Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974).
AFFIRMED; REMANDED to Correct Sentence.
DAUKSCH and COBB JJ., concur. . Crabtree was sentenced to 125 years of hard labor for robbery 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).
. U.S. Const. Amend. XIV.
. § 775.082(4)(a), Fla.Stat. (1973).
. § 775.082(4)(b), Fla.Stat. (1973).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mills v. State, 642 So. 2d 15 (Fla. 4th DCA 1994)…. 2d at 344-45. The current statutes are identical to those applied by the court in Salas. The anomaly in the sentencing statutes has been observed in numerous other cases. See Green v. State, 630 So. 2d 1193 (Fla. 1st DCA 1994); Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 623 (Fla. 1994); Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993); Sterling v. State, 584 So. 2d 626 (Fla. 2d DCA), rev. denied, 592 So. 2d 682 (Fla.1991); Dunn v. State, 522 So. 2d 41 (Fla. 5th DCA 198…
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Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)…) of the statute, trial courts are not limited to imposing a sentence of forty years imprisonment. See Alvarez v. State, 358 So. 2d 10 (Fla.1978) (sentence of 125 years does not exceed maximum of term of years 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…
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Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996)…enial of 3.800 motion for jail credit reversed where court failed to attached appropriate record). We also remand to the trial court to strike the illegal condition of “hard labor” because there is no statute that authorizes it. Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 623 (Fla. 1994); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975), reversed on other grounds after remand, 345 So. 2d 755 (Fla. 4th DCA 1977). REVERSED and REMANDED. DAUKSCH, GOSHORN and THO…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (17 total)
- Alphonso Alvarez v. State, 358 So. 2d 10 (Fla. 1978)
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974)
- Harmon v. State, 438 So. 2d 369 (Fla. 1983)
- Kip Sterling v. State, 584 So. 2d 626 (Fla. 2d DCA 1991)
- Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991)
- Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987)
- NME Hosps., Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991)
- Stecker v. State Farm Mut. Auto. Ins. Co., 589 So. 2d 343 (Fla. 4th DCA 1991)
- Curtis v. Evans, 395 So. 2d 1242 (Fla. 5th DCA 1981)