JOHN ANGUS WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-04-01
No. 97-2375
Before NESBITT, FLETCHER and SORONDO, JJ.
711 So. 2d 66 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 21 cases

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Synopsis

John Angus Wright sought collateral relief from a 1973 conviction and sentence for unlawful sale of narcotics, claiming either that the sentencing document erroneously reflected three counts when he pled guilty to one, or alternatively that a single sentence imposed for three convictions was an illegal general sentence. The appellate court affirmed the denial of his Rule 3.800 motion, finding no basis for relief on either claim.


Holding

The court affirmed the trial court's denial of relief on both grounds. The fifteen-month sentence is not illegal as it falls within the statutory maximum. The sentencing document error claim is barred by the doctrine of laches due to Wright's 24-year delay and the prejudice to the State from destroyed records. Even if a general sentence was imposed, it was legal at the time of sentencing in 1973-1974, and any retroactive application of the 1977 Dorfman rule would be barred by laches and finality principles.


Headnotes

[1] A sentence is illegal if it exceeds the maximum period set by law for a particular offense.

[2] Appellate review of a sentencing error is precluded if the error is not apparent on the face of the document and requires an evidentiary determination.

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Key Quotes

“an illegal sentence is "one that exceeds the maximum period set for by law for a particular offense."”

Establishes the legal standard for determining whether a sentence is illegal, which is dispositive of Wright's primary claim

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Facts & Procedural History

Wright was convicted in 1973 following a guilty plea for unlawful sale of narcotics and received a fifteen-month sentence. The sentencing document ind…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

John Angus Wright challenges the sentence he received after his 1973 conviction, following a guilty plea, for unlawful sale of narcotics. He alleges an error in the sentencing document. He claims that he pled guilty to only one count of unlawful sale of narcotics, but that the document shows three counts.1 Alternatively, if that document is deemed to be accurate, Wright alleges that the sentence he received was an illegal “general sentence” for three convictions. We believe Wright can obtain no collateral relief on either claim and, thus, affirm the trial court’s denial of Wright’s Rule 3.800 motion.

In Wright’s case, relief pursuant to Rule 3.800 is inappropriate. Following Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995), an illegal sentence is “one that exceeds the maximum period set for by law for a particular offense.” Thus, Wright’s fifteen-month sentence for unlawful sale of narcotics cannot be considered an illegal sentence, as it was well within the maximum allowed for that crime.

We also believe that the alleged sentencing document error here is analogous to a sentencing guideline scoresheet error and, therefore, that appellate review is precluded where the alleged error is not apparent on the face of the document and requires an evidentiary determination. See Dailey v. State, 488 So. 2d 532 (Fla.1986). See also Hernandez v. State, 698 So. 2d 906 (Fla. 4th DCA 1997). Here, the error alleged is not apparent from the face of the document.

Further, as the State pointed out, Wright is barred by the doctrine of laches from pursuing his claim. Laches is sustainable in a criminal ease where there has been a lack of due diligence on the part of the defendant in bringing forth the claim and prejudice to the State. See Blatch v. State, 389 So. 2d 669, 672 (Fla. 3d DCA 1980); Remp v. State, 248 So. 2d 677, 679 (Fla. 1st DCA 1970). Here, Wright’s lack of due diligence is apparent in that he did not bring this claim until 24 years after his sentencing. The prejudice to the State is likewise apparent as court transcripts are routinely destroyed after 10 years and the State now has no transcript in existence to refute, or prove, Wright’s claim. Wright’s assertions to the contrary — that he exercised due diligence and that the State was not prejudiced — -are without merit. Therefore, we find that the rationale of Dailey and/or the doctrine of laches defeats Wright’s “document error” claim for relief.

Assuming arguendo that the sentencing document properly reflects conviction on three counts, Wright’s alternate argument is that his single sentence of fifteen months represents an illegal general sentence. Wright’s original 1973 sentencing document indicates his guilty plea to “Unlawful Sale of Narcotic Drug (Three Counts)” and shows his sentence as “Confinement ... in the State penitentiary for a term of fifteen (16) months.” His subsequent 1974 resentencing document contains identical information. Thus, it does seem that Wright was sentenced with a general sentence for three crimes.

Dorfman v. State, 351 So. 2d 954 (Fla.1977), held that general sentences were improper and prohibited them. However, Dorfman was a 1977 case; when Wright was sentenced in 1973, and resentenced in 1974, general sentences for more than one crime, while perhaps viewed unfavorably, were permitted and, indeed, were commonplace. See Dorfman, 351 So. 2d at 955. Nothing in Dorfman indicated that the rule outlined therein was to be applied retroactively. Moreover, even if Dorfman was held to apply retroactively, Wright would have had to make this claim earlier than 1997, twenty years after the “change in law” represented by Dorfman. There must be some point at which criminal convictions and sentences are final and unassailable. See, e.g., McCray v. State, 699 So. 2d 1366 (Fla.1997); Adams v. State, 543 So. 2d 1244 (Fla.1989). Although we decline to specify when that point is, certainly a 1974 criminal sentence must be considered final and unassailable in 1997. Therefore, we deny Wright’s “general sentence” claim for relief.

For the reasons stated above, we hereby affirm the trial court’s denial of Wright’s motion for posteonvietion relief.

. The sentencing document does show three counts of "unlawful sale of narcotic drug.”


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Citator

Cited By (11 total)

  • State v. Freijo, 987 So. 2d 190 (Fla. 3d DCA 2008)
  • Bean v. State, 949 So. 2d 1207 (Fla. 4th DCA 2007)
    …t motion approximately fourteen years after he was sentenced. Laches is sustainable in a criminal case where there has been both a lack of due diligence on the defendant’s part in bringing forth the claim and prejudice to the state. Wright v. State, 711 So. 2d 66 (Fla. 3d DCA 1998). While Bean offers no explanation for his delay in bringing the claim, there is no apparent prejudice to the state. Cf. Wright (“[t]he prejudice to the State is likewise apparent as court transcripts are routinely destroyed after…
  • Chesson v. State, 729 So. 2d 974 (Fla. 3d DCA 1999)
    …it is illegal. For purposes of rule 3.800, an illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines. See Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995); Wright v. State, 711 So. 2d 66, 67 (Fla. 3d DCA 1998); Hinson v. State, 709 So. 2d 629, 630 (Fla. 1st DCA 1998); State v. Moten, 698 So. 2d 1345, 1346 (Fla. 5th DCA 1997); Skidmore v. State, 688 So. 2d 1014, 1015 (Fla. 3d DCA 1997). The sentence imposed upon the ap*pellant is les…

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