ANTHONY CORBITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
While we affirm appellant’s sentences for robbery with a firearm and burglary while armed with a firearm, the State concedes, and we agree, that appellant’s habitual felony offender sentence for kidnapping with a firearm must be reversed. Appellant committed the offense in 1991, when the habitual offender statute did not provide for the enhancement of life felonies. See § 775.084(4), Fla. Stat. (1991); Lamont v. State, 610 So. 2d 435, 439 (Fla.1992).1 In resentencing appellant on remand, the trial court may exceed the sentencing guidelines if there are valid grounds to do so. See Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996).
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
STONE, C.J., and POLEN and STEVENSON, JJ., concur. . Under the 1991 statutes, kidnapping is a first degree felony which is reclassified as a life felony when a firearm is used. See §§ 775.087(l)(a), 787.01(2), Fla. Stat. (1991).
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Citator
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Austin v. State, 756 So. 2d 1080 (Fla. 4th DCA 2000)…dnapping, committed in 1991 when the habitual offender statute did not provide for habitual sentencing for life felonies. See §§ 787.01(2), 775.087(l)(a), & 775.084(4), Fla. Stat. (1991); Lamont v. State, 610 So. 2d 435 (Fla.1992); Corbitt v. State, 697 So. 2d 1310 (Fla. 4th DCA 1997). However, the state argues that such a sentencing error does not create an . illegal sentence that may be corrected pursuant to a rule 3.800(a) motion, citing Blakley v. State, 746 So. 2d 1182 (Fla. 4th DCA 1999); and Bover v. St…
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Beatrice v. State, 832 So. 2d 972 (Fla. 4th DCA 2003)…ny, section 787.01(2), and the jury found that he possessed a gun. Under our 10/20/Life statute, section 775.087, Florida Statutes (2000), a first degree felony in which a gun is used is reclassified as a life felony. § 775.087(1). Corbitt v. State, 697 So. 2d 1310 (Fla. 4th DCA 1997). Our youthful offender statute provides that no one who has been found guilty of a life felony can be sentenced as a youthful offender. § 958.04(l)(c). Because appellant was found guilty of a life felony the youthful offender st…
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Griffin v. State, 934 So. 2d 614 (Fla. 4th DCA 2006)…pping a person a first degree felony punishable by life. The use of a firearm should have enhanced the kidnapping offense to a life felony. § 775.087(1)(a), Fla. Stat. (Supp.1990); Price v. State, 838 So. 2d 587 (Fla. 3d DCA 2003); Corbitt v. State, 697 So. 2d 1310 (Fla. 4th DCA 1997). Section 775.082(3)(a), Florida Statutes (1989), provided that a life felony committed on or after October 1, 1983, could be punished either by life in prison or by a term of years not exceeding forty years. It could not be punis…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Grant v. State, 677 So. 2d 45 (Fla. 3d DCA 1996)