ULYSSES GREGG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion for post-conviction relief alleging consecutive minimum mandatory sentences for offenses arising from a single criminal episode was properly denied when no firearm minimum mandatory sentence was actually imposed.
Appellant challenged the denial of his motion for post-conviction relief, alleging he received consecutive minimum mandatory sentences for offenses co…
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ALLEN, Judge.
Gregg v. State, 694 So. 2d 87 (Fla. 1st DCA 1997), the purported opinion of the court in this case was issued due to administrative error in the office of the clerk of this court. With apologies to the parties, that opinion is hereby withdrawn and the following opinion is substituted in its place.
The appellant challenges the order by which the trial court summarily denied his Florida Rule of Criminal Procedure 3.850 motion. The appellant alleged in his motion that he was convicted and sentenced in 1991 for two counts of armed robbery and oné count of aggravated assault that were all committed in the course of a single criminal episode. He alleged that his sentences for these offenses included two consecutive minimum mandatory sentences: a five-year violent habitual offender minimum mandatory under section 775.084(4)(b), Florida Statutes, and a three-year firearm minimum mandatory under section 775.087, Florida Statutes.
The motion set forth a colorable claim for relief under Jackson v. State, 659 So. 2d 1060 (Fla.1995), in which the supreme court held that violent habitual offender and firearm minimum mandatory sentences must be ordered to run concurrent'with one another when the offenses for which the sentences are imposed arise from a single criminal episode. Nevertheless, we affirm the order under review because the sentencing documents attached to the order reflect, and the state concedes, that no firearm minimum mandatory sentence was imposed.
MINER and PADOVANO, JJ., concur.
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Ernie Howard Nelson v. State, 724 So. 2d 1202 (Fla. 2d DCA 1998)…uble Jeopardy Clauses of the U.S. and Florida Constitutions. Resentenc-ing a criminal defendant to a greater term of imprisonment because of an error in calculating the guidelines scoresheet is constitutionally impermissible. See Navarrete v. State, 707 So. 2d 803 (Fla. 1st DCA 1998). Navarrete applies this principle to matters overlooked in the preparation of scoresheets, but there is nothing novel about the constitutional proscription against increasing criminal sentences, and this court has consistently di…
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Sullivan v. State, 801 So. 2d 185 (Fla. 5th DCA 2001)…ally precludes a court from resentencing a defendant who has begun serving his or her sentence to a greater term because of its own misconception about the sentencing guidelines or the State’s error in calculating the scoresheet, Navarrete v. State, 707 So. 2d 803 (Fla. 1st DCA 1998), on resen- [*187] tencing, Sullivan did not receive a greater sentence. Under the sentencing guidelines, the term “sentence” refers to the term of incarceration and not any term of probation. As a result, the recommended prison s…
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Murphy v. State, 49 So. 3d 295 (Fla. 5th DCA 2010)…’s actions were ministerial. See generally Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000) (holding that a trial court’s changing of the written sentence to conform with the oral pronouncement of sentence is ministerial); Navarrete v. State, 707 So. 2d 803, 804 (Fla. 1st DCA 1998) (holding that a court’s correction of a scrivener’s error is a ministerial function); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997) (holding that entering a written sentence where none exists is ministerial). [*298]…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. State, 659 So. 2d 1060 (Fla. 1995)
- Ulysses Gregg v. State, 694 So. 2d 87 (Fla. 1st DCA 1997)