STATE OF FLORIDA, APPELLANT,
v.
EDUARDO CALZADA-PADRON, APPELLEE
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The court held that the trial court erred in imposing a downward departure sentence when a statute mandated a three-year minimum mandatory prison sentence for the felony conviction.
The appellee was convicted of aggravated battery with a deadly weapon. The trial court sentenced him to a downward departure from the presumptive sent…
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PER CURIAM.
The state appeals the trial court’s judgment and sentence which was imposed upon the appellee, Eduardo Calzada-Padron. We affirm the conviction but reverse the sentence.
On August 26, 1994, the state charged the appellee with aggravated battery with a deadly weapon, a firearm, and causing great bodily harm in violation of section 784.045, Florida Statutes (1993). The jury found the appellee guilty as charged, and the trial court subsequently adjudicated the appellee guilty and sentenced him to a downward departure of 364 days in the county jail. The state filed a timely notice of appeal.
The state contends that the' trial court erred in failing to impose upon the appellee a three year minimum mandatory prison sentence as required pursuant to section 775.087(2), Florida Statutes (1993). We agree.
Section 775.087(2) contains no provision permitting the trial court to exercise its discretion in imposing a three year minimum mandatory prison sentence once a defendant has been convicted of certain enumerated felonies. State v. Davis, 639 So. 2d 1048 (Fla. 1st DCA 1994), approved, 661 So. 2d 1193 (Fla.1995). Since the appellee in the instant ease was convicted of one of the enumerated felonies in the statute and had in his possession a firearm, the trial court was required to sentence him to three years in state prison as the minimum sentence. State v. Leatherwood, 561 So. 2d 459 (Fla. 2d DCA 1990); State v. Sesler, 386 So. 2d 293 (Fla. 2d DCA 1980).
Accordingly, we affirm the conviction but reverse the sentence and remand with directions to impose the three year mandatory term required under section 775.087(2).
Reversed and remanded with instructions.
SCHOONOVER,, A.C.J., and FRANK and BLUE, JJ., concur.
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Grant v. State, 770 So. 2d 655 (Fla. 2000)…efore, had the trial court failed to impose a PRR mandatory minimum sentence concurrent with any applicable longer HFO sentence, this potentially could have defeated the intent of the Act, resulting in reversible error. Cf. State v. Calzadas-Padron, 708 So. 2d 287 (Fla. 2d DCA 1996) (reversing downward departure sentence of 364 days in the county jail where the trial court erred in failing to impose a three-year mandatory minimum prison sentence on the qualifying defendant, as required by section 775.087(2),…
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State v. Vanderhoff, 14 So. 3d 1185 (Fla. 5th DCA 2009)…005) (“It is the [*1189] intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms ... be punished to the fullest extent of the law .... ”); see generally State v. Calzada-Padron, 708 So. 2d 287, 287 (Fla. 2d DCA 1996) (recognizing that section 775.087 contains no provision permitting trial court to exercise discretion in imposing three-year minimum mandatory prison sentence once defendant has been convicted of certain enumerated felonies).…
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Gardner v. State, 30 So. 3d 629 (Fla. 2d DCA 2010)…tence the defendant pursuant to the express terms of the statute to the ten-year minimum term. The original sentence, which included a downward departure rather than the minimum mandatory term, was an erroneous sentence. See State v. Calzada-Padrón, 708 So. 2d 287 (Fla. 2d DCA 1996); see also Beard v. State, 819 So. 2d 987 (Fla. 2d DCA 2002) (affirming imposition of the minimum mandatory portion of a life sentence, as automatic, upon resentencing after remand of direct appeal); Van Burén v. State, 500 So. 2d…1 / 2
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Carnell Sesler, 386 So. 2d 293 (Fla. 2d DCA 1980)
- State v. Leatherwood, 561 So. 2d 459 (Fla. 2d DCA 1990)
- State v. Davis, 639 So. 2d 1048 (Fla. 1st DCA 1994)