JESSIE HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot impose a mandatory minimum sentence under a separate statute if it is equal to or lesser than the sentence imposed under the Prison Releasee Reoffender Punishment Act (PRRPA).
Jessie Hill was convicted of robbery with a firearm and sentenced under the PRRPA to life without parole, and also received a ten-year mandatory minim…
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PER CURIAM.
We withdraw our opinion filed on September 10, 2003 and substitute the following opinion. Jessie Hill was convicted of one count of robbery with a firearm. We find all arguments relating to Hill’s conviction unpersuasive and affirm his conviction. However, we reverse and remand Hill’s sentence.
The trial court sentenced Hill to life in prison without parole as a prison releasee reoffender under the Prison Releasee Reoffender Punishment Act in section 775.082(9)(a)3 of the Florida Statutes (“PRRPA”). The trial court also imposed a ten-year mandatory minimum sentence for the use of a firearm under sections 775.087(2) and (3) of the Florida Statutes.
When a defendant meets the requirements for sentencing under the PRRPA, a trial court may not sentence the defendant under another sentencing statute where the sentence under the other statute is equal or lesser than that imposed under the PRRPA. Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002) (citing Grant v. State, 770 So. 2d 655, 659 (Fla.2000)). A defendant who qualifies for sentencing under the PRRPA may be sentenced under another sentencing statute only when the sentence under the other statute is greater than that under the PRRPA. Id. Here, the ten-year mandatory minimum was not greater than the life sentence imposed under the PRRPA. Therefore, Hill’s sentence was illegal. See Scott v. State, 842 So. 2d 1054, 1055 (Fla. 4th DCA 2003); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Smith, 813 So. 2d at 1003.
Accordingly, we reverse Hill’s ten-year mandatory minimum sentence and remand this case with instructions to resentence Hill to a life sentence without parole under the PRRPA. REVERSED AND REMANDED for resentencing.
FARMER, C.J., GUNTHER and TAYLOR, JJ., concur.
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McDONALD v. State, 957 So. 2d 605 (Fla. 2007)…eceded from the following cases in McDonald, 912 So. 2d at 76-77: Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Scott v. State, 842 So. 2d 1054 (Fla. 4th DCA 2003); Hill v. State, 862 So. 2d 815, 815 (Fla. 4th DCA 2003); Hill v. State, 869 So. 2d 10, 11 (Fla. 4th DCA), review denied, 871 So. 2d 874 (Fla.2004); and Malcolm v. State, 873 So. 2d 378 (Fla. 4th DCA 2004). The certified conflict cases from the Second District, Hall and Helms, exp…
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McDONALD v. State, 912 So. 2d 74 (Fla. 4th DCA 2005)…lesser or equal mandatory minimum terms under the 10-20-LIFE law. Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Scott v. State, 842 So. 2d 1054 (Fla. 4th DCA 2003); Hill v. State, 862 So. 2d 815, 815 (Fla. 4th DCA 2003); Hill v. State, 869 So. 2d 10, 11 (Fla. 4th DCA), [*77] rev. denied, 871 So. 2d 874 (Fla.2004); Malcolm v. State, 873 So. 2d 378 (Fla. 4th DCA 2004). We hereby recede from these prior decisions and any other decisions to the…
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Octavius Helms v. State, 890 So. 2d 1256 (Fla. 2d DCA 2005)…meets the requirements for sentencing under the PRRPA,2 a trial court may not sentence the defendant under another sentencing statute where the sentence under the other statute is equal to or lesser than that imposed under the PRRPA.” Hill v. State, 862 So. 2d 815, 815 (Fla. 4th DCA 2003). Accordingly, the trial court erred in imposing the ten-year minimum mandatory term, and we remand with directions that the trial court vacate that part of Helms’ sentence. Affirmed in part, reversed in part, and remanded w…
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
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Smith v. State, 813 So. 2d 1002 (Fla. 4th DCA 2002)
- Scott v. State, 842 So. 2d 1054 (Fla. 4th DCA 2003)
- Brady v. State, 839 So. 2d 836 (Fla. 4th DCA 2003)