TERRY CHAMBERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence imposed for a third-degree felony as a habitual felony offender was illegal and must be reversed and remanded for resentencing.
Defendant pleaded guilty to various charges in exchange for a seventeen-year sentence as an habitual felony offender, covering two separate cases. The…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Habitual Felony Offender Sentencing cases and more on FLexlaw
PER CURIAM.
Terry Chambers appeals from the trial court’s denial of his motion for post conviction relief. Based upon the State’s proper confession of error, we reverse the sentence and remand.
Defendant entered a plea of guilty on various charges in exchange for a sentence of seventeen years incarceration as an habitual felony offender. The plea covered two separate cases. In Case No. 90-15219, the trial court ordered defendant imprisoned for a term of seventeen years for burglary of a structure, a third degree felony offense. See § 810.02(3), Fla.Stat. (1993). In Case No. 90-3649, the trial court sentenced defendant to a term of ten years for four counts of burglary and one count of grand theft; the sentences were to run concurrently.
As conceded by the State, the sentence imposed in Case No. 90-15219 is illegal and must be reversed. “The maximum sentence which may be imposed for a third-degree felony conviction ... after properly declaring the defendant an habitual violent felony offender is ‘a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.’ § 775.084(4)(b)(3), Fla. Stat. (1989).” Smith v. State, 625 So. 2d 985, 986 (Fla. 3d DCA 1993). Accordingly, on remand the trial court shall resentence defendant in Case No. 90-15219 to a term of ten years or less. As defendant bargained for a term of seventeen years combined on the two cases, the trial court shall also appropriately adjust the sentence imposed in Case No. 90-3649, and provide that the two terms shall be served concurrently.
We find no merit in defendant’s remaining point.
Affirmed in part; reversed in part; remanded with directions.