KENNETH JAMES KENDRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentence for attempted sexual battery was illegal because it exceeded the statutory maximum for a second-degree felony.
Defendant was convicted of kidnapping and attempted sexual battery with a deadly weapon and sentenced as a habitual violent felony offender. The writt…
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PER CURIAM.
Kenneth James Kendrick 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, without discussion, all but one of Mr. Kendrick’s grounds for relief. On the one ground, we reverse Mr. Kendrick’s habitual violent felony offender sentence for attempted sexual battery with a deadly weapon and remand for resentencing on that count only.
Mr. Kendrick was convicted after jury trial of three counts of a four-count information. He was sentenced to concurrent life sentences as a habitual violent felony offender on the kidnaping1 and attempted sexual battery with a deadly weapon convictions. A fifteen-year minimum mandatory was also imposed consecutively on each count. However, the written judgment and sentence erroneously indicates that the attempted sexual battery with a deadly weapon is a first-degree felony when it is in fact a second-degree felony. Holland v. State, 681 So. 2d 308 (Fla. 5th DCA 1996). The maximum sentence that Mr. Kendrick can receive as a habitual violent felony offender for a second-degree felony is thirty years’ imprisonment with a ten-year minimum mandatory. § 775.084(4)(b)(2), Fla. Stat. (1993). Mr. Kendrick’s sentence of life imprisonment with a fifteen-year minimum mandatory is therefore an illegal sentence because it is one that is not authorized by statute.
Affirmed in part, reversed in part, and remanded for further proceedings.
ALTENBERND, WHATLEY, and CASANUEVA, JJ., concur. . The kidnaping offense is a first-degree felony punishable by life and, as such, was subject to habitualization under the statute in effect at the time of the commission of the offenses. See Burdick v. State, 594 So. 2d 267 (Fla.1992).
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Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004)…Shelton v. State, 739 So. 2d 1235 (Fla. 4th DCA 1999); Cheney v. State, 640 So. 2d 103, 105 (Fla. 4th DCA 1994); Dyer v. State, 629 So. 2d 285, 286 (Fla. 5th DCA 1993); Stephens v. State, 627 So. 2d 543, 544 (Fla. 2d DCA 1993). . Kendrick v. State, 817 So. 2d 951 (Fla. 2d DCA 2002); Williams v. State, 782 So. 2d 980 (Fla. 1st DCA), review denied, 805 So. 2d 811 (Fla.2001); Smith v. State, 654 So. 2d 264 (Fla. 2d DCA 1995) (holding that there must be statutory authority for imposition of mandatory minimum sen…
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Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003)…Shelton v. State, 739 So. 2d 1235 (Fla. 4th DCA 1999); Cheney v. State, 640 So. 2d 103, 105 (Fla. 4th DCA 1994); Dyer v. State, 629 So. 2d 285, 286 (Fla. 5th DCA 1993); Stephens v. State, 627 So. 2d 543, 544 (Fla. 2d DCA 1993). .Kendrick v. State, 817 So. 2d 951 (Fla. 2d DCA 2002); Williams v. State, 782 So. 2d 980 (Fla. 1st DCA), review denied, 805 So. 2d 811 (Fla.2001); Smith v. State, 654 So. 2d 264 (Fla. 2d DCA 1995) (holding that there must be statutory authority for imposition of minimum mandatory sen…
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Kendrick v. Sec'y, Dep't of Corr. (Fla. 2024)
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Holland v. State, 681 So. 2d 308 (Fla. 5th DCA 1996)
- Torti v. State, 681 So. 2d 308 (Fla. 5th DCA 1996)