LEWIS KELSO III, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bradley v. State, 3 So. 3d 1168 (Fla. 2009)
  …e was pleading to a charge that carried a twenty-five-year mandatory minimum sentence that fact does not make the sentence legal where the information charged a crime with only a ten-year mandatory minimum sentence. See id. (citing Leavitt v. State, 810 So. 2d 1032 (Fla. 1st DCA 2002); Vickers v. State, 630 So. 2d 1229 (Fla. 2d DCA 1994)). The First District Court of Appeal held similarly in Mobley v. State, 939 So. 2d 213 (Fla. 1st DCA 2006). Mobley entered a plea of guilty to two counts of armed robbery pur…

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• Sheron Jackson v. State, 852 So. 2d 941 (Fla. 4th DCA 2003)
  …25 year mandatory minimum sentence does not transform the illegality of that sentence, where a crime with only a 10 year mandatory minimum sentence [775.087(2)(a)l.] had been pled in the information, and pled out to by Jackson. See Leavitt v. State, 810 So. 2d 1032 (Fla. 1st DCA 2002) (reversing 20 year sentence on defendant’s negotiated plea to a 2nd degree felony since the statutory maximum for a 2nd degree felony was 15 years; a defendant cannot agree to an illegal sentence); Vickers v. State, 630 So. 2d 12…
• Taylor v. State, 899 So. 2d 1191 (Fla. 1st DCA 2005)
  …ould occur. The trial court’s reasoning is misplaced. Notwithstanding the plea agreement and the fact that appellant may have agreed to the sentences at issue, he is still entitled to relief because his sentences are illegal. See Leavitt v. State, 810 So. 2d 1032, 1033 (Fla. 1st DCA 2002) (citing Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993), which held that a defendant cannot plead to an illegal sentence). Appellant pled no contest to nine counts of burglary of a dwelling, which is a second-degree…