ROBERT PORTER, 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.
Robert Porter appeals his sentence for robbery with a deadly weapon and battery. The appellate court reversed and remanded because the trial court improperly imposed a three-year minimum mandatory sentence in conjunction with a Youthful Offender Act sentence, which violated Florida law.
No. A sentence imposed under the Youthful Offender Act is in lieu of other criminal penalties authorized by law, and therefore a minimum mandatory sentence cannot be imposed in addition to a Youthful Offender Act sentence. The trial court's imposition of the minimum mandatory was fundamental error and must be reversed.
[1] A sentence imposed under the Youthful Offender Act is in lieu of other criminal penalties authorized by law, and therefore, a defendant sentenced under this act may not a…
[2] The improper imposition of a minimum mandatory sentence constitutes fundamental error.
Previewing 2 of 4 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“a sentence imposed thereunder is "[i]n lieu of other criminal penalties authorized by law."”
Establishes the statutory framework prohibiting additional penalties when sentencing under the Youthful Offender Act
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePorter was convicted of robbery with a deadly weapon and battery after a nonjury trial. The trial court determined he was not amenable to juvenile san…
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 Clerical Error In Judgment cases and more on FLexlaw
PER CURIAM.
The appellant appeals his sentence for robbery with a deadly weapon and battery, in violation of sections 812.13(2)(a) and 784.03, Florida Statutes (1995), respectively. We reverse the sentence since the trial court erred by imposing a three-year minimum mandatory for use of a firearm.
After determining that the appellant was not amenable to juvenile sanctions, the trial court sentenced the appellant to three years incarceration, pursuant to the Youthful Offender Act, chapter 958, Florida Statutes (1995), with three years probation to follow, along with a three-year minimum mandatory sentence for use of a firearm.
Section 958.04(2), Florida Statutes (1995), provides that a sentence imposed thereunder is “[i]n lieu of other criminal penalties authorized by law.” Defendants sentenced under the Youthful Offender Act may not also be subjected to a minimum mandatory sentence. See Jones v. State, 588 So. 2d 73 (Fla. 4th DCA 1991); Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989). The improper imposition of a minimum mandatory sentence, “because of its inherent potential of causing or requiring ‘a defendant to be incarcerated ... for a greater length of time than provided by law in the absence of ... [a] sentencing error’ constitutes fundamental error.” Whitehead v. State, 446 So. 2d 194, 197 (Fla. 4th DCA 1984)(quoting Reynolds v. State, 429 So. 2d 1331, 1333 (Fla. 5th DCA 1983)). The trial court’s imposition of a mind-mum mandatory was fundamental error in the present case, and, accordingly, must be reversed.
The appellant also appeals the trial court’s imposition of a $2.00 special court costs fee, pursuant to section 943.25(13), Florida Statutes (1995). We do not address this issue since it was not preserved for appeal. Because the appellant was sentenced on January 3, 1997, the amendments to Florida Rule of Criminal Procedure 3.800 apply. See Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So. 2d 1374, 1375 (Fla.1996)(effective date was July 1, 1996).
Florida Rule of Appellate Procedure 9.140(d) provides that a sentencing error may not be raised on appeal unless the defendant brought the error to the attention of the trial court, either by contemporaneously objecting at sentencing or by filing a 3.800(b) motion to correct the sentencing error within thirty days of the rendition of the sentence. Since the appellant did neither in the present case, he waived his appeal as to the discretionary court costs. See Fla.R.App.P. 9.140(d); Mid dleton v. State, 689 So. 2d 304, 305-06 (Fla. 1st DCA 1997).
We reverse the trial court’s imposition of the minimum mandatory sentence and remand for correction of a clerical error in the court’s judgment which states that the appellant pled nolo contendere when, in fact, he was adjudicated guilty after a full nonjury trial. See Hopkins v. State, 697 So. 2d 1009 (Fla. 4th DCA 1997).
Reversed and remanded for correction of sentence and of clerical error. GLICKSTEIN, DELL and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Maddox v. State, 760 So. 2d 89 (Fla. 2000)…potential of causing or requiring ‘a defendant to be incarcerated ... for a greater length of time than provided by law in the absence of ... [a] sentencing error.’ ” Powell v. State, 719 So. 2d 963, 964 (Fla. 4th DCA 1998) (quoting Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997)) (alterations in original). Correction of these errors that are patent and serious, and therefore fundamental, at their earliest opportunity comports with the interests of both the State and the defendant in not forcing an indivi…
-
Garrett v. State, 788 So. 2d 328 (Fla. 4th DCA 2001)…also Powell v. State, 724 So. 2d 1207, 1207-08 (Fla. 2d DCA 1998). Moreover, the State concedes that the improper imposition of a three-year minimum mandatory for use of a firearm has been held to constitute “fundamental error.” See Porter v. State, 702 So. 2d 257, 258 (Fla. 4th DCA 1997). Garrett filed his notice of appeal on December 1, 1999, subsequent to the date that the recent amendments to rule 3.800(b) became effective. See Amendments to Florida Rules of Criminal Procedure 8.111(e) & 3.800 & Florida…
-
Aundray Kelly v. State, 739 So. 2d 1164 (Fla. 5th DCA 1999)…raised involve only-legal questions, the merits of Kelly’s issues are addressed presently. II. MINIMUM MANDATORY TERM Kelly’s first argument is that a minimum mandatory term cannot be imposed in sentencing a youthful offender. In Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997), the court held that because a sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), is “in lieu of other criminal penalties authorized by law,” a defendant sentenced under that act may not al…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984)
- Amendments TO Fla. Rule OF App. Procedure 9.020(g) & Fla. Rule OF Crim. Procedure 3.800, 675 So. 2d 1374 (Fla. 1996)
- Arlecia Michelle Middleton v. State, 689 So. 2d 304 (Fla. 1st DCA 1997)
- Reynolds v. State, 429 So. 2d 1331 (Fla. 5th DCA 1983)
- Jones v. State, 588 So. 2d 73 (Fla. 4th DCA 1991)
- Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989)
- State v. McCRAY, 544 So. 2d 313 (Fla. 2d DCA 1989)
- T.M. v. State, 697 So. 2d 1009 (Fla. 4th DCA 1997)