ROBERT LEE WHITE, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Lee White II appealed the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800, arguing he was entitled to resentencing under the 1994 guidelines after the 1995 guidelines were declared unconstitutional in Heggs v. State. The court affirmed the denial, holding that White was not entitled to relief because he had negotiated for a specific sentence as part of a plea bargain.
White was not entitled to relief because he bargained for a specific sentence as part of a plea agreement. A defendant is entitled to relief under Heggs only if the defendant negotiated for an indeterminate sentence; when a defendant negotiates for an exact sentence, the defendant is not entitled to relief under Heggs.
[1] A defendant is not entitled to relief under Heggs v. …
[2] A plea bargain constitutes a valid ground for a departure sentence, even if based on an incorrectly calculated score sheet.
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“Where a defendant enters an agreement for a term of years that exceeds the guidelines range, and has relied upon an incorrectly calculated score-sheet during negotiations, the sentence is not illegal for purposes of a rule 3.800 motion, as long as the sentence does not exceed the statutory guidelines.”
Establishes the core rule that plea-bargained sentences are not illegal even if guidelines calculations were incorrect.
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Join FLexlaw to unlock all legal intelligenceWhite entered a no contest plea in exchange for an agreed-upon sentence of 6 years and 9 months imprisonment followed by 14 years and 3 months of prob…
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THOMPSON, C.J.
Robert Lee White, II appeals the denial of his Florida Rule of Criminal Procedure 3.800 motion to correct an illegal sentence. We affirm, finding no merit to either issue raised by White.
White agreed to enter a no contest plea to the charges against him in exchange for a sentence of 6 years and nine months imprisonment, followed by 14 years and 3 months of probation. The parties apparently calculated the sentence based on the 1995 sentencing guidelines. The sentencing range under the 1995 guidelines was 80.85 to 134.7 months, and White’s term of incarceration was 81 months. White contends that he is entitled, under Heggs v. State, 759 So. 2d 620 (Fla.2000) to be resen-tenced under the 1994 guidelines. Heggs declared the 1995 guidelines unconstitutional, and held that a defendant is entitled to collateral relief if the crime for which the sentence was received falls within the window period and if application of the unconstitutional statute resulted in the imposition of a departure sentence.
In Bonilla v. State, 766 So. 2d 1192, 1194 (Fla. 5th DCA 2000), this court explained that a defendant is not entitled to relief under Heggs if the sentence received was not conditioned on the guidelines. White contends that Bonilla does not apply to this case because it is clear that the agreed-upon sentence was arrived at with consideration of the guidelines.
We disagree. Where a defendant enters an agreement for a term of years that exceeds the guidelines range, and has relied upon an incorrectly calculated score-sheet during negotiations, the sentence is not illegal for purposes of a rule 3.800 motion, as long as the sentence does not exceed the statutory guidelines. Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997); Perry v. State, 705 So. 2d 615 (Fla. 5th DCA 1998).
This is because a plea bargain is a valid ground for a departure sentence. Skidmore, 688 So. 2d at 1015. The reasoning in Skidmore applies to cases involving claims for relief under Heggs. See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); accord Brown v. State, 781 So. 2d 484 (Fla. 4th DCA 2001).
If a defendant negotiates for an exact sentence, the defendant is not entitled to relief. Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001).
On the other hand, a defendant would be entitled to relief if the defendant negotiated for an indeterminate sentence. Id.; Brown; Dunenas. Trotter v. State, 774 So. 2d 924 (Fla. 5th DCA 2001) is distinguished because there the defendant did not have specific sentence in place. In the instant case, White is not entitled to relief because he bargained for a specific sentence.
AFFIRMED.
SAWAYA and ORFINGER, R. B„ JJ., concur.
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Taylor v. State, 899 So. 2d 1191 (Fla. 1st DCA 2005)…the 1994 guidelines. Thus, [*1193] appellant’s sentences are illegal. Compare Ferrington v. State, 804 So. 2d 570, 571 (Fla. 1st DCA 2002) (defining a sentence in excess of the maximum authorized by law as an illegal sentence), with White v. State, 816 So. 2d 820 (Fla. 5th DCA 2002) (holding that when a sentence entered pursuant to a plea agreement exceeds the sentencing guidelines range, the sentence is not “illegal,” as long as it does not exceed the statutory maximum). Therefore, notwithstanding appellant…
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Carson v. State, 37 So. 3d 884 (Fla. 1st DCA 2010)…osition. Id. The statement in Williams that a trial court cannot impose an illegal sentence pursuant to a plea bargain is not contrary to the holding in Quarterman because a departure sentence is not necessarily an illegal sentence. White v. State, 816 So. 2d 820, 821 (Fla. 5th DCA 2002) (holding that a departure sentence is not an illegal sentence as long as the sentence does not exceed the statutory guidelines). Moreover, the definition of an illegal sentence is not limited to when the sentence exceeds [*8…
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Legere v. State, 862 So. 2d 824 (Fla. 5th DCA 2003)…“illegal”' and that Legere was not entitled to Heggs relief because his plea agreement was for a specific term of years; i.e., the agreement was not conditioned upon the imposition of a sentence within a specific guideline range. In White v. State, 816 So. 2d 820 (Fla. 5th DCA 2002), this court held that when a sentence entered pursuant to a plea agreement exceeds the sentencing guidelines range, the sentence is not “illegal,” as long as it does not exceed the statutory maximum. We wrote: In Bonilla v. Stat…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)
- Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)
- Trotter v. State, 774 So. 2d 924 (Fla. 5th DCA 2001)
- Bonilla v. State, 766 So. 2d 1192 (Fla. 5th DCA 2000)
- Perry v. State, 705 So. 2d 615 (Fla. 5th DCA 1998)
- Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001)
- Brown v. State, 781 So. 2d 484 (Fla. 4th DCA 2001)