BASIL ALAN MUNRO, APPELLANT,
v.
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 written sentence must be corrected to conform to the trial court's intent at the time of sentencing, as the current written sentence is illegal.
Munro pleaded guilty to second degree murder with a deadly weapon and agreed to a sentence of sixteen years incarceration followed by life probation. …
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 Correction Of Illegal Sentence cases and more on FLexlaw
PER CURIAM.
Basil Alan Munro appeals the denial of his motion to correct illegal sentence. The state concedes error in the written sentence. Therefore, we affirm in part, but reverse and remand so that the trial court may correct the written sentence to conform to the court’s intent at the time of sentencing.
Munro pleaded guilty to the crime of second degree murder with a deadly weapon, a life felony pursuant to sections 782.04(2) and 775.087(l)(a), Florida Statutes (1989). The record demonstrates that Munro and the state agreed to a sentence in which Munro would serve sixteen years’ incarceration followed by life probation. The trial court had two available options to effectuate that sentence: first, the court could have imposed a split sentence comprised of a term of incarceration followed by a term of probation, the total of which could not exceed the statutory maximum amount of forty years pursuant to section 775.087(l)(a), Florida Statutes (1989). Alternatively, Munro could have been sentenced to a term of imprisonment not to exceed life, suspended after a specified term of years, followed by a probationary period of up to life. See, e.g., Stephens v. State, 627 So. 2d 543 (Fla. 2d DCA 1993); White v. State, 652 So. 2d 518 (Fla. 5th DCA 1995); Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993).
The sentence, as written, imposes an impermissible term of years followed by life probation. In order to carry out the intent of the negotiated plea, the court must impose a sentence in accordance with one of the two proposed options.
Accordingly, we reverse and remand this cause to the trial court for correction of the written sentence to effectuate the court’s intent at the time of sentencing.
Reversed and remanded.
DANAHY, A.C.J., and FULMER and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Young v. State, 716 So. 2d 280 (Fla. 2d DCA 1998)…ee Lamont v. State, 610 So. 2d 435 (Fla.1992). Second-degree murder with a firearm (or weapon) constitutes a life felony. See §§ 775.087(l)(a), 782.04(2) and (3), Fla. Stat. (1989); Guerra v. State, 695 So. 2d 849 (Fla. 2d DCA 1997); Munro v. State, 662 So. 2d 1345 (Fla. 2d DCA 1995); Peters v. State, 658 So. 2d 1175 (Fla. 2d DCA 1995). Provided the charging instrument which we do not have in our record properly charged the firearm or weapon, the judgment in this ease mistakenly concludes that this homicide is…
-
Rayl Kellar v. State, 712 So. 2d 1133 (Fla. 1st DCA 1998)…an forty years. See State v. Marsh, 642 So. 2d 120 (Fla. 2d DCA 1994). A sentence imposed on a life felony, comprised of a term of incarceration followed by a term of probation, cannot exceed the statutory maximum of forty years. See Munro v. State, 662 So. 2d 1345 (Fla. 2d DCA 1995). [*1134] Herein, the total duration of each sentence is 45 years. As such, both sentences exceed the statutory maximum. See Sumner v. State, 658 So. 2d 111 (Fla. 2d DCA 1995)(re-versing life felony sentence of 22 years in prison f…
-
Tatum v. State, 714 So. 2d 1145 (Fla. 2d DCA 1998)…er with a firearm, and the trial court imposed twenty-two years in prison followed by twenty years’ probation. His judgment incorrectly labels the offense as a first-degree felony, while in fact he was convicted of a life felony. See Munro v. State, 662 So. 2d 1345 (Fla. 2d DCA 1995) (explaining that second-degree murder with a deadly weapon constitutes a life felony). Tatum’s offense falls within the sentencing boundaries of sections 775.082(3)(a) and 775.087(l)(a), Florida Statutes (1987). Consequently, the…
Authorities Cited
- Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993)
- Stephens v. State, 627 So. 2d 543 (Fla. 2d DCA 1993)
- White v. State, 652 So. 2d 518 (Fla. 5th DCA 1995)
- Hutchens v. State, 652 So. 2d 518 (Fla. 5th DCA 1995)