JOSE M. ANDUJAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a claim of illegal stacking of minimum mandatory sentences arising from a single criminal episode is cognizable in a rule 3.800(a) motion, but the movant must allege it can be resolved without extra-record facts.
Andujar filed a motion to correct an illegal sentence, alleging his minimum mandatory sentence for armed robbery was illegally run consecutive to his …
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STRINGER, Judge.
Jose M. Andujar challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
In his motion, Andujar alleged that the trial court illegally ran his three-year minimum mandatory sentence for armed robbery consecutive to the twenty-five-year sentence for first-degree murder where both offenses arose out of a single episode. If Andujar is correct in his allegations, such a sentencing scheme is illegal. See Boler v. State, 678 So. 2d 319 (Fla.1996); Parks v. State, 701 So. 2d 653 (Fla. 4th DCA 1997).
The trial court denied Andujar’s claim, finding that it was not cognizable in a rule 3.800(a) motion and that the motion was untimely as a Florida Rule of Criminal Procedure 3.850 motion. However, a claim that the trial court illegally stacked minimum mandatory sentences where all the offenses arose out of a single criminal episode may properly be raised in a rule 8.800(a) motion where the movant alleges that the motion may be resolved without regard to extra-record facts. See Adams v. State, 755 So. 2d 678 (Fla. 2d DCA 1999). In the present case, Andujar failed to so allege and his motion is facially insufficient. See id. We therefore affirm the order of the trial court without prejudice to any right Andujar might have to file a facially sufficient motion pursuant to rule 8.800(a). See Steelman v. State, 801 So. 2d 960 (Fla. 2d DCA 2001).
Affirmed.
SALCINES, J., and DANAHY, PAUL W., Senior Judge, Concur.
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Citator
Cited By
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Clark v. State, 826 So. 2d 368 (Fla. 2d DCA 2002)…o make that allegation and his motion is facially insufficient. We therefore affirm the order of the trial court without prejudice to any right that Clark may have to file a facially sufficient motion pursuant to rule 3.800(a). See Andujar v. State, 808 So. 2d 271, 272 (Fla. 2d DCA 2002). Affirmed. GREEN and DAVIS, JJ., concur.…
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Harris v. State, 834 So. 2d 908 (Fla. 4th DCA 2003)…motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800 that satisfies the requirements of State v. Mancino, 714 So. 2d 429 (Fla.1998) and Thomas v. State, 712 So. 2d 848 (Fla. 4th DCA 1998). See Andujar v. State, 808 So. 2d 271 (Fla. 2d DCA 2002). POLEN, C.J., GUNTHER and FARMER, JJ., concur.…
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Wilson v. State, 928 So. 2d 522 (Fla. 2d DCA 2006)…consecutively to the twenty-five year mandatory minimum sentence on the first-degree murder conviction where both offenses were committed in a single criminal episode. Wilson is correct that such a sentencing scheme is illegal. See Andujar v. State, 808 So. 2d 271, 271 (Fla. 2d DCA 2002). This claim may be raised in a rule 3.800(a) motion. Id. at 271-72. The postconviction court, in denying the motion, overlooked this claim. However, to establish a facially sufficient rule 3.800(a) claim that the trial cour…
Authorities Cited
- Afghari Boler v. State, 678 So. 2d 319 (Fla. 1996)
- Adams v. State, 755 So. 2d 678 (Fla. 2d DCA 1999)
- Parks v. State, 701 So. 2d 653 (Fla. 4th DCA 1997)
- Paletti v. Corbin, 801 So. 2d 960 (Fla. 1st DCA 2001)