WENDELL WALTERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Wendell Walters appealed the denial of his Rule 3.800 motion challenging 70-year concurrent sentences as exceeding the statutory maximum for life felonies. The court found the sentences illegal because life felonies committed after October 1, 1983 carry a maximum penalty of 40 years, not 70 years, and vacated the sentences for resentencing.
The 70-year concurrent sentences were illegal and exceeded the statutory maximum of 40 years. The court vacated the sentences and remanded for resentencing, noting that the trial court could impose two consecutive terms totaling 70 years or, if unable to effectuate the plea agreement's intent, could void the agreement and allow the State to proceed to trial.
[1] A sentence exceeding the statutory maximum for a crime is illegal, even if agreed to by the defendant.
[2] A defendant cannot plead to an illegal sentence.
Previewing 2 of 5 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“Because Walters crimes were committed after October 1, 1983, his potential sentence was "a term of imprisonment for life or by a term of imprisonment not exceeding 40 years." The concurrent sentences of 70 years exceeded that 40 year maximum and the defendant may not plead to an illegal sentence.”
Establishes that the 70-year sentences violated the statutory maximum and are therefore illegal
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalters was sentenced in 1990 to concurrent 70-year sentences in two Hernando County cases pursuant to a plea agreement. The sentences were imposed fo…
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PETERSON, J.
Wendell Walters appeals the denial of his motion under Rule 3.800, Florida Rules of Criminal Procedure, in which he claimed that the 70 year sentence he received was illegal because it exceeded the statutory maximum.
In 1990, Walters was sentenced to several 70 year concurrent sentences in two Hernando County cases, 89-948-CF and 90-376-C, pursuant to a plea agreement which also addressed other uncharged crimes. He now complains that the sentences were illegal for the two crimes: (1) kidnaping, a life felony pursuant to section 787.01(2), Florida Statutes (1989) and enhanced by section 775.087(1) for the use of a weapon; and (2) armed sexual battery pursuant to section 794.011(3), Florida Statutes (1989). The life felonies draw the penalties prescribed by section 775.082(3)(a), Florida Statutes (1989). Because Walters crimes were committed after October 1, 1983, his potential sentence was “a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.”1 The concurrent sentences of 70 years exceeded that 40 year maximum and the defendant may not plead to an illegal sentence. Trott v. State, 579 So. 2d 807, 808 (Fla. 5th DCA 1991).
We vacate the concurrent sentences in these two cases and remand for resentencing. We note that because Walters agreed to a sentence of 70 years in the two cases referenced above, he could still be resen-tenced to that same term by the imposition of two consecutive terms for those cases. Alternatively, if the trial court finds that Walters cannot be resentenced in a manner which effectuates the intent of the plea agreement, the plea agreement may be voided, giving the State the opportunity to proceed to trial on the above charges and any others that were resolved through the plea agreement. See Latiif v. State, 787 So. 2d 834 (Fla.2001); St Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001); Govea v. State, 785 So. 2d 638 (Fla. 5th DCA 2001); Laventure v. State, 695 So. 2d 859 (Fla. 2d DCA 1997).
Sentence VACATED; REMANDED for resentencing.
HARRIS and SAWAYA, JJ., concur. . The statute provides for a penalty of “imprisonment for life or for a term of years not less than 30 for a life felony committed prior to October 1, 1983."
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Citator
Cited By
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Carson v. State, 37 So. 3d 884 (Fla. 1st DCA 2010)…285 (Fla. 1st DCA 2002) (same); Debord v. State, 802 So. 2d 528 (Fla. 1st DCA 2001) (same); Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993) (same); Hebert v. State, 600 So. 2d 1293, 1294 (Fla. 1st DCA 1992) (same); see also Walters v. State, 812 So. 2d 457, 458 (Fla. 5th DCA 2002) (holding that a defendant may not plead to an illegal sentence); Hollybrook v. State, 795 So. 2d 1012, 1013 (Fla. 2d DCA 2001) (same); Gifford v. State, 744 So. 2d 1046, 1048 (Fla. 4th DCA 1999) (same); Brister v. State, 622…
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Hanna v. State, 823 So. 2d 299 (Fla. 3d DCA 2002)…encing order in one of the appellant’s cases, so that as corrected, the sentencing orders now are consistent with the sentence length agreed to in the original plea bargain. [*300] The defendant in his pro se submission argues that Walters v. State, 812 So. 2d 457 (Fla. 5th DCA 2002), prohibits the restructuring of the appellant’s sentences in order to carry out the original sentencing intent. To the contrary, the Walters decision confirms that such a restructuring is permissible. Affirmed.…
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Tackett v. State, 917 So. 2d 216 (Fla. 5th DCA 2005)…PER CURIAM. AFFIRMED. See Walters v. State, 812 So. 2d 457, 458 (Fla. 5th DCA 2002). PETERSON, GRIFFIN and MONACO, JJ., concur.…
Authorities Cited
- ST. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001)
- Salim Kamau Latiif v. State, 787 So. 2d 834 (Fla. 2001)
- Trott v. State, 579 So. 2d 807 (Fla. 5th DCA 1991)
- Govea v. State, 785 So. 2d 638 (Fla. 5th DCA 2001)
- Laventure v. State, 695 So. 2d 859 (Fla. 2d DCA 1997)