DURWIN D. DUNENAS, PETITIONER,
v.
MICHAEL W. MOORE, SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS, AND STATE OF FLORIDA, RESPONDENTS
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Durwin Dunenas appealed the denial of his habeas corpus petition seeking post-conviction relief based on a claim that his sentence was illegal because it was imposed under the unconstitutional 1995 sentencing guidelines. The Florida District Court of Appeal affirmed the denial, holding that because Dunenas's plea agreement was not conditioned upon a specific sentencing guideline range and his sentence did not exceed the statutory maximum, any error in sentencing guidelines was harmless.
A sentence imposed pursuant to a negotiated plea agreement that is not conditioned upon a specific guideline range is not rendered illegal by improper scoring of the sentencing scoresheet or application of unconstitutional guidelines, provided the sentence does not exceed the statutory maximum. Because Dunenas's plea agreement was unconditional as to guidelines and his sentence was well within the statutory maximum, his sentence was legal despite the constitutional infirmity of the 1995 guidelines.
[1] A post-conviction relief motion may be summarily denied if the charging document attached to the denial conclusively refutes the grounds for relief.
[2] A defendant sentenced under unconstitutional 1995 sentencing guidelines may be entitled to relief under Heggs v. …
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a negotiated plea agreement is not conditioned upon the imposition of a sentence within a specific guideline range, improper scoring of the defendant's scoresheet will not render the plea illegal unless the sentence exceeds the statutory maximum.”
Establishes the legal standard for harmless error in plea agreements not conditioned on sentencing guidelines
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Join FLexlaw to unlock all legal intelligenceIn 1997, Dunenas pleaded guilty to burglary of a dwelling, two counts of battery of a law enforcement officer, resisting arrest with violence, grand t…
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PER CURIAM.
Defendant, Durwin Dunenas, appeals the summary denial of his writ of habeas corpus seeking post-conviction relief. We affirm.
In 1997, the defendant entered a plea of guilty to one count of burglary of a dwelling, two counts of battery of a law enforcement officer and resisting arrest with violence, one count of grand-theft and one count of criminal mischief. As part of the plea agreement with the state, the defendant agreed to a sentence of six years in prison and four years probation. After thoroughly questioning the defendant regarding the voluntariness of his plea, the court accepted his plea in accordance with the terms of the plea agreement.
On appeal, the defendant contends that his sentence is illegal because he was sentenced under the 1995 sentencing guidelines which have been declared unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000); State v. Thompson, 750 So. 2d 643 (Fla.1999). Therefore, the defendant seeks to be resentenced under the 1994 guidelines.
When a negotiated plea agreement is not conditioned upon the imposition of a sentence within a specific guideline range, improper scoring of the defendant’s scoresheet will not render the plea illegal unless the sentence exceeds the statutory maximum. See Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997). See also, Russell v. State, 656 So. 2d 203 (Fla. 5th DCA 1995)(score-sheet error harmless when based on plea bargain); Gentile v. State, 673 So. 2d 76 (Fla. 5th DCA 1996)(if negotiated plea is not conditioned upon a specific guideline range, any error will be harmless); Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993)(sentence imposed in accordance with valid plea agreement will not be rendered illegal due to scoresheet error). Here, the record indicates that the defendant voluntarily entered into a plea agreement that was not conditioned upon the sentencing guidelines. Furthermore, the defendant’s sentence is well within the statutory maximum.1 As a result, even though the 1995 guidelines have been declared unconstitutional, the defendant’s sentence is not illegal. Therefore, finding no merit to the defendant’s argument, we affirm the order under review.
Affirmed.
. In fact, based on the defendant's conviction for burglary with a firearm alone, the defendant was eligible for a maximum sentence of life imprisonment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (62 total)
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Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000)…ong as it does not exceed the statutory maximum. Ivy v. State, 754 So. 2d 776 (Fla. 4th DCA 2000); Gibson v. State, 619 So. 2d 31 (Fla. 4th DCA 1993) and cases cited therein; Kleppinger v. State, 760 So. 2d 1045 (Fla. 2d DCA 2000); Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991);. Because appellant entered a plea of no contest to a negotiat [*745] ed plea bargain specifically providing for an 85 month period of incarceration, and that period does not e…
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Carlo Pierre v. State, 775 So. 2d 397 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000).…
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Bonilla v. State, 766 So. 2d 1192 (Fla. 5th DCA 2000)…o not know whether the plea agreement was conditioned on the sentencing guidelines. If the plea agreement was not conditioned on the sentencing guidelines, Bon-illa is not entitled to relief because his sentence is not illegal. See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000). Bonilla claims in his motion that he was sentenced pursuant to the 1995 guidelines and that his sentence is illegal based on Heggs v. State, 759 So. 2d 620 (Fla.2000). If the trial court finds that the plea agreement was conditi…
Previewing 3 of 62 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)
- Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993)
- Russell v. State, 656 So. 2d 203 (Fla. 5th DCA 1995)
- Gentile v. State, 673 So. 2d 76 (Fla. 5th DCA 1996)