JEFF L. JEFFERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jefferson appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court reverses, finding Jefferson stated a facially sufficient claim for resentencing under Heggs v. State because his five-year sentence appears to be an illegal departure sentence under the 1994 sentencing guidelines.
Jefferson stated a facially sufficient claim for relief under Heggs and is entitled to resentencing consideration. The trial court's summary denial was reversed because sentencing Jefferson as a prison releasee reoffender for an offense committed before the act's effective date would be illegal, and attempted felon in possession of a firearm is not an enumerated offense qualifying for prison releasee reoffender treatment.
[1] A motion to correct an illegal sentence is facially sufficient if it states a claim for relief under Heggs v. …
[2] Sentencing a defendant as a prison releasee reoffender for an offense committed prior to the effective date of the Prison Releasee Reoffender Punishment Act constitutes a…
Previewing 2 of 4 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“Jefferson has stated a facially sufficient claim for relief.”
Establishes that Jefferson met the threshold requirement for relief on his motion to correct illegal sentence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJefferson was sentenced to five years' incarceration after violating probation on an attempted felon in possession of a firearm offense committed on M…
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PER CURIAM.
Jeff L. Jefferson appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.
Jefferson states in his motion that the trial court sentenced him to five years’ incarceration after he violated his probation in trial court case number 97-4125 on an attempted felon in possession of a firearm offense committed on May 20, 1997. Jefferson states he is also serving a concurrent fifteen-year sentence as a prison releasee reoffender on a different case, which has a trial court case number of 98-3522.
Jefferson claims he is entitled to be resentenced under the 1994 guidelines on case number 97-4125 pursuant to the supreme court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000), because his current five-year sentence is a departure sentence under the 1994 guidelines. Jefferson has stated a facially sufficient claim for relief. See Heggs, 759 So. 2d at 623, 627-28.
The trial court summarily denied Jefferson’s motion, finding that he was not entitled to relief because he was sentenced as a prison releasee reoffender. In support of its finding, the court attached a scoresheet for case number 98-3522. No other documentation was attached to the trial court’s order. If Jefferson was sentenced as a prison releasee reoffender in case number 97-4125, this would be an illegal sentence. According to Jefferson, the offense in 97-4125 was committed on May 20, 1997, which was ten days before the Prison Re-leasee Reoffender Punishment Act became effective. See Williams v. State, 743 So. 2d 1154 (Fla. 2d DCA 1999) (holding that it was an ex post facto violation to impose a prison releasee reoffender sentence on offenses committed prior to the effective date of the act, which was May 30, 1997).
Furthermore, the offense of attempted felon in possession of a firearm is not one of the enumerated offenses which qualifies a defendant for treatment as a prison releas-ee reoffender. See § 775.082(8)(a), Fla. Stat. (1997).' Accordingly, the trial court’s order is reversed and remanded with instructions to determine whether Jefferson in fact committed the offense in trial court case number 97-4125 within the Heggs window and, if so, whether his sentence could not have been imposed under the 1994 guide-fines without a departure. If the answers to both of these questions are affirmative, then Jefferson must be resentenced in accordance with the valid guidelines in existence at the time he committed his offense in case number 97-4125. If the court again enters an order declaring resentencing unnecessary, it should attach all documents necessary to reach that conclusion. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
Reversed and remanded.
FULMER, A.C.J., and WHATLEY and STRINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lindsey v. State, 839 So. 2d 737 (Fla. 2d DCA 2003)…Fla.2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional since it was enacted in violation of the single subject rule. The effective date of the Prison Releasee Reoffender Punishment Act1 is May 30, 1997. Jefferson v. State, 777 So. 2d 1082 (Fla. 2d DCA 2001). Chapter 99-188 broadened the definition of a prison releasee reoffender to include a defendant who commits a listed offense while serving a prison sentence or is on escape status. See ch. 99-188, § 2, at 1041, Laws of Fla. Since…
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Hall v. State, 838 So. 2d 1203 (Fla. 2d DCA 2003)…la.2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional since it was enacted in violation of the single subject rule. The effective date of the Prison Releasee Reoffender Punishment Act1 was May 30, 1997. Jefferson v. State, 777 So. 2d 1082 (Fla. 2d DCA 2001). Chapter 99-188 broadened the definition of a prison releasee reoffender to include a defendant who commits a listed offense while serving a prison sentence or is on escape status. See ch. 99-188, § 2, at 1041, Laws of Fla. Since…
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McCARTHY v. State, 835 So. 2d 367 (Fla. 2d DCA 2003)….2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional because it was enacted in violation of the single subject rule. The effective date of the Prison Releasee Reof-fender Punishment Act1 is May 30, 1997. Jefferson v. State, 777 So. 2d 1082 (Fla. 2d DCA 2001). Chapter 99-188 broadened the definition of a prison releasee reoffen- [*368] der to include a defendant who commits a listed offense while serving a prison sentence or is on escape status. See ch. 99-188, § 2, at 1041, Laws of Fl…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Williams v. State, 743 So. 2d 1154 (Fla. 2d DCA 1999)