STATE OF FLORIDA, APPELLANT,
v.
ERIC WAYNE SPRIGGS, APPELLEE
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PER CURIAM.
Reversed. The state contends that the trial court erred in resentencing appellee pursuant to his 3.800 motion. We agree. A rule 3.800(a) motion to correct an illegal sentence is not the proper vehicle for challenging a sentence on the basis that it violates the constitutional prohibition against cruel and unusual punishment. See State v. Smith, 360 So. 2d 21, 23 (Fla. 4th DCA), cert. denied, 366 So. 2d 885 (Fla. 1978). Moreover, in determining that appellant’s sentence violated the constitutional guarantee against cruel and unusual punishment, the trial court failed to apply the proportionality analysis required by Solem v. Helm, 463 U.S. 277, 290-92, 103 S.Ct. 3001, 3010-11, 77 L.Ed.2d 637 (1983). See also Long v. State, 558 So. 2d 1091, 1092 (Fla. 5th DCA 1990). Finally, the trial judge openly doubted that he would find much case law on the issue. However, the court was probably unaware of Hale v. State, 630 So. 2d 521, 525-26 (Fla. 1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), which is instructive on the issue of whether a non-capital sentence constitutes cruel or unusual punishment.
WARNER, C.J., SHAHOOD and GROSS, JJ., concur.
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Lykins v. State, 894 So. 2d 302 (Fla. 3d DCA 2005)…n against cruel and/or unusual punishment, while we sympathize with the defendant’s argument that the sentence imposed was disproportionate to the crime for which he was convicted, we agree with the Fourth District’s observation in State v. Spriggs, 754 So. 2d 84, 84 (Fla. 4th DCA 2000), that “[a] rule 3.800(a) motion to correct an illegal sentence is not the proper vehicle for challenging a sentence on the basis that it violates the constitutional prohibition against cruel and unusual punishment.” Since we…
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EY v. State, 884 So. 2d 376 (Fla. 2d DCA 2004)…07 (Fla. 2d DCA 2003); Sigafoos v. State, 825 So. 2d 529 (Fla. 2d DCA 2002); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001); State v. Spriggs, 754 So. 2d 84 (Fla. 4th DCA 2000). After this court held in Boyd that a claim of vindictive sentencing is not rateable in a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District Court of Appeal i…
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Kramer v. State (Fla. 1st DCA 2021)…tence is not the proper vehicle for challenging a sentence on the basis that it violates the constitutional prohibition against cruel and unusual punishment.” See Lykins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005) (quoting State v. Spriggs, 754 So. 2d 84, 84 (Fla. 4th DCA 2000)). Appellant’s case, like Lykins and Spriggs, calls for a proportionality review. See Hale v. State, 630 So. 2d 521, 525 (Fla. 1993). The line of cases granting relief to juveniles relied on the conclusion in Graha…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Solem v. Helm, 463 U.S. 277 (U.S. 1983)
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Snead v. United States, 513 U.S. 909 (U.S. 1994)
- Blanc v. United States, 513 U.S. 909 (U.S. 1994)
- Long v. State, 558 So. 2d 1091 (Fla. 5th DCA 1990)
- State v. Smith, 360 So. 2d 21 (Fla. 4th DCA 1978)