BRENT FLORCZAK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that consecutive enhanced sentences for crimes arising from a single criminal episode are impermissible, and the mandatory minimum sentence for robbery was improperly specified.
Brent Florezak was convicted of first-degree murder and robbery with a deadly weapon and sentenced as a violent habitual offender. The sentences were …
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PER CURIAM.
Brent Florezak timely appeals from his convictions of first degree murder and robbery with a deadly weapon. He was sentenced to life in prison without parole eligibility for 25 years on the murder conviction, and to a consecutive sentence of life without the possibility of parole on the robbery conviction. We affirm the conviction but reverse the sentences.
First, Florezak was sentenced as a violent habitual offender pursuant to Florida Statute § 775.084(4)(b) (1997). Because he was convicted of first degree felonies, the mandatory minimum aspect of his sentence for robbery with a deadly weapon under § 775.084(4)(b)(l) is 15 years. It, therefore, was error to specify a longer mandatory minimum in the sentence. See Gunn v. State, 641 So. 2d 462, 463 (Fla. 4th DCA 1994).
Second, his murder and robbery charges stemmed from a single criminal episode. Consecutive enhanced sentences may not be imposed under § 775.084 for crimes growing out of a single criminal episode. See Jackson v. State, 659 So. 2d 1060 (Fla.1995). As such, the fifteen year habitual violent offender mandatory minimum sentence on the robbery conviction is required to run concurrently with the twenty-five year mandatory minimum on the murder sentence. See Parks v. State, 701 So. 2d 653 (Fla. 4th DCA 1997).
Finally, we note there is a scrivener’s error on the face of the judgment of conviction. Although Florezak was acquitted of grand theft, the written judgment states otherwise. Although he did not move to correct this error below, because we are reversing his murder and robbery sentences, on remand, we instruct the sentencing court to correct the error. In all other respects, the judgment and sentences are affirmed.
AFFIRMED in part; REVERSED in part and REMANDED for further proceedings in accordance with this opinion.
WARNER, POLEN and SHAHOOD, JJ„ concur.
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Amendments TO Fla. Rules OF Crim. Procedure 3.111(e) & 3.800 & Fla. Rules OF App. Procedure 9.020(h), 791 So. 2d 525 (Fla. 2001)…er a scrivener’s error occurred where the written order of probation imposed six years’ probation, which conflicted with the written sentence and the trial court minutes that reflected only five years' probation had been imposed); Florczak v. State, 712 So. 2d 467, 467 (Fla. 4th DCA 1998) (correcting a scrivener’s error in the judgment of conviction where the defendant was acquitted of grand theft but the written judgment stated otherwise); Stombaugh v. State, 704 So. 2d 723, 725-26 (Fla. 5th DCA 1998) (findi…1 / 2
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Amendments to the Florida Rules of Criminal Procedure, 886 So. 2d 197 (Fla. 2004)…er a scrivener’s error occurred where the written order of probation imposed six years’ probation, which conflicted with the written sentence and the trial court minutes that reflected only five years’ probation had been imposed); Florczak v. State, 712 So. 2d 467, 467 (Fla. 4th DCA 1998) (correcting a scrivener’s error in the judgment of conviction where the defendant was acquitted of grand theft but the written judgment stated otherwise); Stombaugh v. State, 704 So. 2d 723, 725-26 (Fla. 5th DCA 1998) (findi…
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Amendments to the Florida Rules of Criminal Procedure, 794 So. 2d 457 (Fla. 2000)…er a scrivener’s error occurred where the written order of probation imposed six years’ probation, which conflicted with the written sentence and the trial court minutes that reflected only five years’ probation had been imposed); Florczak v. State, 712 So. 2d 467, 467 (Fla. 4th DCA 1998) (correcting a scrivener’s error in the judgment of conviction where the defendant was acquitted of grand theft but the written judgment stated otherwise); Stombaugh v. State, 704 So. 2d 723, 725-26 (Fla. 5th DCA 1998) (findi…
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
- Jackson v. State, 659 So. 2d 1060 (Fla. 1995)
- Parks v. State, 701 So. 2d 653 (Fla. 4th DCA 1997)
- Gunn v. State, 641 So. 2d 462 (Fla. 4th DCA 1994)