GREGORY VIGIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gregory Vigil, a state inmate, appealed the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The appellate court reversed, holding that Vigil's motion was facially sufficient to state a claim for relief because he alleged a life sentence for unarmed robbery exceeded the statutory maximum permissible sentence.
The motion was facially sufficient to state a claim because the allegations, if accurate, demonstrated the life sentence exceeded the maximum permissible sentence. The trial court erred in denying relief without explaining why the facially sufficient claim failed or attaching record portions establishing that fact.
[1] A motion to correct an illegal sentence is facially sufficient if it asserts that the imposed sentence exceeds the statutory maximum for the offense of conviction.
[2] A life sentence for unarmed robbery may be illegal if it exceeds the statutory maximum for a second-degree felony, absent qualification as a habitual felony offender.
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Join FLexlaw to unlock all legal intelligence“it would appear that the life sentence imposed exceeded the maximum permissible sentence for unarmed robbery, making it an illegal sentence for purposes of rule 3.800(a)”
Establishes that facial sufficiency of the motion was demonstrated by the statutory comparison of sentence imposed to applicable maxima
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Join FLexlaw to unlock all legal intelligenceVigil was convicted by jury in 1976 of unarmed robbery and sentenced to life imprisonment. At the time of conviction, unarmed robbery was a second-deg…
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WEBSTER, Judge.
Appellant, an inmate of the state correctional system, seeks review of an order which denied, as legally insufficient, his motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion is facially sufficient to state a claim for relief pursuant to rule 3.800(a), we reverse and remand for further proceedings.
In his motion, appellant asserts that, in 1976, he was found guilty by a jury of unarmed robbery. What is represented to be a copy of the jury’s verdict appears to support this assertion. Appellant further asserts that he was sentenced, pursuant to this guilty verdict, to life in prison. According to appellant, such a sentence is illegal because it exceeds the maximum permissible sentence for unarmed robbery. The trial court denied relief on the ground that appellant “ha[d] failed to set forth any legal grounds upon which relief may be granted,” without further explanation or attachment of any portions of the record.
At the time of appellant’s conviction, unarmed robbery was a second-degree felony. § 812.13(2)(e), Fla.Stat. (1975). The maximum term of imprisonment for a second-degree felony at that time was 15 years. § 775.082(3)(c), Fla.Stat. (1975). However, under the version of the habitual offender statute then in effect, appellant could have received a sentence of up to 30 years in prison, assuming that he qualified as an habitual felony offender, and that he was sentenced as one. § 775.084(4)(a)2, Fla.Stat. (1975). Therefore, if the representations contained in appellant’s motion are accurate, it would appear that the life sentence imposed exceeded the maximum permissible sentence for unarmed robbery, making it an illegal sentence for purposes of rule 3.800(a). Davis v. State, 661 So. 2d 1193 (Fla.1995); State v. Callaway, 658 So. 2d 983 (Fla.1995). In fact, if those representations are accurate and appellant was not sentenced as an habitual felony offender, it would appear that the maximum legal sentence should have expired several years ago. Accordingly, appellant’s motion was facially sufficient.
Because the trial court’s order fails to specify why appellant’s facially sufficient claim was denied, we reverse and remand. Should the trial court again conclude that appellant is not entitled to relief, it shall attach to its order denying relief those portions of the record that conclusively establish that fact. Small v. State, 535 So. 2d 622 (Fla. 1st DCA1988).
REVERSED and REMANDED, with directions.
MINER and MICKLE, JJ., concur.
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Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)…mains the well-established requirement that when denying a cognizable 3.800(a) claim, the trial court must attach portions of the record conclusively refuting that claim. Ducharme v. State, 690 So. 2d 1358 (Fla. 2d DCA 1997); Vigil v. [*1350] State, 684 So. 2d 847 (Fla. 1st DCA 1996); Baldwin, supra; Anderson v. State, 679 So. 2d 880 (Fla. 1st DCA 1996); Fann v. State, 647 So. 2d 150 (Fla. 1st DCA 1994); Master v. State, 637 So. 2d 268 (Fla. 1st DCA 1994). Without such attachments, the appellate court is ofte…
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Williams v. State, 733 So. 2d 1085 (Fla. 1st DCA 1999)…o relief, and the trial court erred in summarily denying relief without attachment of portions of the record conclusively establishing that appellant was not entitled to relief. See Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997); Vigil v. State, 684 So. 2d 847 (Fla. 1st DCA 1996). Accordingly, we reverse the trial court’s order denying relief as to this motion and remand for further proceedings consistent with this opinion. [*1087] We affirm the trial court’s order denying relief with regard to appellant’…
Authorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Small v. State, 535 So. 2d 622 (Fla. 1st DCA 1988)