STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
JAQUAN KIONTE NEWMONES, APPELLEE/CROSS APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jaquan Newmones appeals his conviction for armed robbery with a firearm and the State cross-appeals his 30-year sentence. The court affirms his conviction but vacates his sentence, holding that the Prison Releasee Reoffender Act mandates a life sentence for armed robbery, which is a felony punishable by life imprisonment.
The court affirmed Newmones' conviction for armed robbery but vacated his 30-year sentence and remanded for resentencing to life imprisonment. The Prison Releasee Reoffender Act mandates a life sentence for any felony punishable by life imprisonment, and the trial judge has no discretion to depart downward from this mandatory sentence.
[1] A conviction for armed robbery with a firearm, a felony punishable by life imprisonment, requires a mandatory life sentence when the defendant qualifies as a prison relea…
[2] The Prison Releasee Reoffender Act mandates a life sentence for felonies punishable by life, and trial judges have no discretion to depart downwards from this mandatory s…
Previewing 2 of 3 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“a prison releasee reoffender must be sentenced as follows: (a) for a felony punishable by life, by a term of imprisonment for life; (b) for a felony of the first degree, by a term of imprisonment of 30 years.”
Sets forth the mandatory sentencing requirements of the Prison Releasee Reoffender Act
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNewmones was convicted of armed robbery with a firearm under Florida Statute 812.18(2)(a), a first-degree felony punishable by life imprisonment. He w…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandatory Sentencing cases and more on FLexlaw
In these consolidated cases, Newmones appeals from his judgment and sentence for armed robbery with a firearm1 and the state appeals from the sentence imposed on Newmones.2 Newmones’ challenges to his conviction have no merit, but we agree with the state that Newmones should be resentenced to a life term.
Newmones was convicted of robbery with a firearm, a violation of section 812.18(2)(a), Florida Statutes, which provides that this crime is a felony of the first degree “punishable by imprisonment for a term of years not exceeding life imprisonment. .. ,”3 Newmones was also qualified as a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes. According to that statute, a prison releasee reoffender must be sentenced as follows:
(a) for a felony punishable by life, by a term of imprisonment for life;
(b) for a felony of the first degree, by a term of imprisonment of 30 years.
Over the state’s objections, the trial court sentenced Newmones to 30 years in prison.
This court has held that the Prison Releasee Reoffender Act mandates a penalty of life in prison for burglary because it is a felony “punishable by life.” State v. Maples, 739 So. 2d 127 (Fla. 5th DCA), cause dismissed, Case No. 96,677, — So. 2d - (Fla.1999). See also Knight v. State, 2000 WL 305324, — So. 2d - (Fla. 1st DCA Mar.27, 2000); Brown v. State, 1999 WL 1112715,-So. 2d - (Fla. 1st DCA Dec.8, 1999). The trial judge has no discretion to depart downwards from this mandatory sentence once a defendant is shown to meet the qualifications of being a prison releasee reoffender, as defined by that statute. Any doubts concerning the constitutionality of the Prison Releasee Reoffender Act have been resolved in favor of constitutionality. See State v. Cotton, 2000 WL 766521, — So. 2d - (Fla. June 15, 2000).
Accordingly, we affirm Newmones’ convictions, but vacate his sentence for armed robbery and remand with instructions to impose a life sentence for that offense.
AFFIRMED in part; Sentence for Armed Robbery with a Firearm VACATED; REMANDED for resentencing.
COBB and GRIFFIN, JJ., concur. . Appeal number 99-3209.
. Appeal number 99-3135.
. Newmones also pled guilty to a resisting arrest charge pursuant to section 843.02, at the beginning of his trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001)…d be a term of thirty years-not life imprisonment. This court has held that the Prison Releasee Reoffender Act mandates a life sentence for felonies “punishable by imprisonment for a term of years not exceeding life imprisonment.” State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA 2000). The first and fourth districts agree but have certified the question. [*1239] DOES SECTION 775.082(8)(a)2a, FLORIDA STATUTES (1997), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE…
-
Walker v. State, 955 So. 2d 1199 (Fla. 5th DCA 2007)…a term of imprisonment of 30 years. (Emphasis added). The language in the PRR statute is mandatory and, thus, the trial court has no discretion to impose a lesser sentence. See State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006); State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA 2000). Accordingly, Walker has agreed to an illegal sentence as to Count V, which must be vacated. See Wheeler v. State, 864 So. 2d 492 (Fla. 5th DCA 2004) (recognizing that “an illegal sentence cannot be imposed even as part of a nego…
-
Vargas v. State, 789 So. 2d 1030 (Fla. 4th DCA 2001)…e sentence for a ‘felony punishable by life,’ but rather than using the term ‘life felony,’ it uses the term ‘felony punishable by life,’ which includes both life felonies and first degree felonies punishable by life.” Id.; accord State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA 2000). We concur. Subsequent to Brown, the First District certified the question raised in this appeal to the supreme court as one of great public importance, asking: DOES SECTION 775.082(9)(A)3A, FLORIDA STATUTES (1999), WHICH MANDA…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Maples, 739 So. 2d 127 (Fla. 5th DCA 1999)