ALEX RICARDO REEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's convictions for attempted kidnapping and aggravated battery are affirmed, but his sentences are reversed and remanded for resentencing because reenacted punishments cannot be applied retroactively under Green v. State.
The trial court properly denied the motion for judgment of acquittal on attempted kidnapping, but sentences must be vacated because reenacted punishments cannot be applied retroactively to crimes committed under prior law.
[1] Reenacted criminal punishments cannot be applied retroactively to offenses committed under the prior statutory scheme.
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Join FLexlaw to unlock all legal intelligenceReeves was convicted of attempted kidnapping and aggravated battery and sentenced to fifteen-year minimum mandatory terms. He challenged the sentences…
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KELLY, Judge.
Alex Ricardo Reeves appeals from his judgment and sentences for attempted kidnaping and aggravated battery. We find no merit in Reeves’ contention that the trial court erred when it denied his motion for a judgment of acquittal on the charge of attempted kidnaping. Reeves does not challenge his conviction for aggravated battery. Accordingly, we affirm Reeves’ convictions.
Reeves also challenges the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b) in which he claimed that the fifteen-year minimum mandatory terms imposed for his convictions were illegal under this court’s decision in Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002); but see State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). The trial court rejected Reeves’ claim, ruling that legislative enactments after Taylor transformed Reeves’ sentence into a legal sentence. The trial court ruled before this court issued its decision in Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). In Green, this court held that the reenacted punishments could not be applied retroactively. Accordingly, we reverse Reeves’ sentences and remand for resentencing in accordance with the valid laws in effect on the date of Reeves’ offenses.
Reversed and remanded.
WHATLEY and DAVIS, JJ., concur.
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Citator
Cited By
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Lynn v. State, 870 So. 2d 44 (Fla. 2d DCA 2003)…Because the sentence is illegal, under Taylor and Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), the sentence should be reversed and the case remanded for resentencing under the laws in effect on the date of Lynn’s offenses. See Reeves v. State, 845 So. 2d 962 (Fla. 2d DCA 2003). As we did in Green, we certify conflict with Carlson v. State, 27 Fla. L. Weekly D2162, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), Lecom v. State, 832 So. 2d 818 (Fla. 5th DCA 2002), and Jones v. State, 27 Fla. L. Weekly D237…
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Smiley v. State, 870 So. 2d 59 (Fla. 2d DCA 2003)…n the direct appeal. Therefore, this court’s decisions in Taylor and Green apply to Ms. Smiley’s sentence.1 [*61] We reverse the sentence and remand for resentencing under the laws in effect on the dates of Ms. Smiley’s offense. See Reeves v. State, 845 So. 2d 962 (Fla. 2d DCA 2003). As we did in Green, we certify conflict with Carlson v. State, 27 Fla. L. Weekly D2162, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), and Lecorn v. State, 832 So. 2d 818 (Fla. 5th DCA 2002), and we note possible conflict with Niev…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)