MICHAEL WARREN TRUMBOWER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Trumbower's aggravated assault conviction but reversed the three-year minimum mandatory sentence imposed under a statute later found invalid, remanding for resentencing under the valid law in effect at the time of the offense.
A minimum mandatory sentence imposed under a statute that was later invalidated must be reversed and the case remanded for resentencing under the valid law in effect when the offense was committed.
[1] A minimum mandatory sentence imposed under a statute that was later invalidated must be reversed and the case remanded for resentencing under the valid law in effect when…
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Join FLexlaw to unlock all legal intelligenceMichael Warren Trumbower was convicted of aggravated assault on a law enforcement officer and sentenced to ten years imprisonment, including a three-y…
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ALTENBERND, Chief Judge.
Michael Warren Trumbower appeals his judgment and sentence for aggravated assault on a law enforcement officer. We affirm the conviction without comment. His ten-year sentence of imprisonment includes a three-year minimum mandatory term, which the trial court imposed over Mr. Trumbower’s objection while Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002), was still pending on rehearing in this court.
Based on Taylor and Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), we reverse the minimum mandatory sentence and remand for resentencing in accordance with the valid laws in effect at the time Mr. Trumbower committed his offense. As we did in Green, we certify conflict with Carlson v. State, 27 Fla. L. Weekly D2162, — So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), Lecorn v. State, 832 So. 2d 818 (Fla. 5th DCA 2002), and Jones v. State, 27 Fla. L. Weekly D2377, — So. 2d -, 2002 WL 31431541 (Fla. 5th DCA Nov.1, 2002), and we note possible conflict with Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002), and Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002). We note that, due to a scrivener’s error, the written sentence does not contain the three-year minimum mandatory term that was orally imposed by the trial court. If the trial court determines that Mr. Trum-bower’s ten-year sentence is lawful and that the only change required by this opinion is to remove the minimum mandatory term, Mr. Trumbower need not be present for resentencing.
Affirmed in part; reversed in part; remanded; conflict certified.
SILBERMAN and COVINGTON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lamm v. State, 871 So. 2d 918 (Fla. 5th DCA 2004)…rdingly, we strike the three-year mandatory minimum portion of Lamm’s sentence and direct that upon remand the trial court enter a corrected sentencing order. The defendant need not be present for this correction of sentence. See Trumbower v. State, 849 So. 2d 1183 (Fla. 2d DCA 2003)(holding that defendant did not need to be present for resentenc-ing when the only change required on remand was to remove a three-year mandatory minimum term). Judgment AFFIRMED; sentence AFFIRMED as corrected; cause REMANDED for…
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Escobedo v. State, 851 So. 2d 865 (Fla. 2d DCA 2003)…nder the Criminal Punishment Code for conspiracy to traffic in cocaine. We reverse in part and remand to the trial court only to strike the mandatory minimum term. Escobedo need not be present for this correction of sentence. See Trumbower v. State, 849 So. 2d 1183, 2003 WL 21697326 (Fla. 2d DCA July 23, 2003) (directing that the defendant did not need to be present for resentencing when the only change required on remand was to remove a three-year mandatory minimum term that had been included in a ten-year se…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Lecorn v. State, 832 So. 2d 818 (Fla. 5th DCA 2002)
- Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002)
- Eliezer Stern v. State, 833 So. 2d 190 (Fla. 4th DCA 2002)
- Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002)