STATE OF FLORIDA, APPELLANT,
v.
ERIK STRAZDINS, APPELLEE
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The State appealed a sentence imposed on Strazdins for MDMA trafficking after a no-contest plea, challenging the trial court's failure to impose a mandatory three-year minimum sentence. The appellate court reversed, holding that the mandatory minimum sentence is constitutional and lawful, and remanded for the trial court to impose the required sentence or allow the defendant to withdraw his plea.
The trial court erred in failing to impose the mandatory three-year minimum sentence for MDMA trafficking. The mandatory minimum sentence under chapter 2000-320, Laws of Florida, is constitutional and legal. The sentence was illegal because it fell below the statutory minimum prescribed by law.
[1] A mandatory minimum sentence for trafficking in methylenedioxymethamphetamine (MDMA) weighing ten grams or more but less than 200 grams, imposed under chapter 2000-320, L…
[2] Appellate courts are generally required to apply the law as it exists at the time of the appeal, rather than the law as it existed at the time of trial.
Previewing 2 of 5 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“a mandatory minimum sentence for trafficking in MDMA imposed under chapter 2000-320, Laws of Florida, is a legal sentence”
Establishes the core holding that the mandatory minimum is constitutional and lawful
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Join FLexlaw to unlock all legal intelligenceStrazdins pleaded no contest to trafficking in MDMA weighing ten grams or more but less than 200 grams. The trial court imposed a sentence that fell b…
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STRINGER, Judge.
The State challenges the sentence imposed on Strazdins for the offense of trafficking in methylenedioxymetheampheta-mine (MDMA) following a no contest plea. Because it was error not to impose the three-year mandatory minimum sentence for trafficking in MDMA weighing ten grams or more but less than 200, we reverse Strazdins’ sentence as to that offense and remand for further proceedings where Strazdins may have the opportunity to withdraw his plea.
The state of the law has seesawed since the trial court imposed sentence and during the pendency of this appeal. At the time the trial court imposed sentence, this district had decided that a mandatory minimum sentence for the offense of trafficking in MDMA during the window period of Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), was unconstitutional. See Staley v. State, 860 So. 2d 981 (Fla. 2d DCA 2003); Gilbert v. State, 843 So. 2d 972 (Fla. 2d DCA 2003). Thus the trial court lacked the discretion to impose a mandatory minimum sentence on Strazdins. This court receded, however, from Gilbert and Staley in Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004) (en banc). In the meantime, the supreme court in Franklin v. State, 887 So. 2d 1063, 1069 (Fla.2004), disapproved Taylor, thereby mooting the rationale underlying Wright. In short, a mandatory minimum sentence for trafficking in MDMA imposed under chapter 2000-320, Laws of Florida, is a legal sentence.
Appellate courts are generally required to apply the law as it exists at the time of appeal, rather than that which existed when the case was tried. Hudson v. State, 825 So. 2d 460, 471 (Fla. 1st DCA 2002). When a trial court imposes a sentence that is shorter than the required mandatory minimum sentence, “the sentence is not within the limits prescribed by law and is properly viewed as an ‘illegal’ sentence.” State v. R.F., 648 So. 2d 293, 294 n. 1 (Fla. 3d DCA 1995); State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982). The State preserved the error in this appeal. See § 924.051(1)(b), (3), Fla. Stat. (2003).
The trial court had a nondiscretionary duty in this case to impose the three-year mandatory minimum sentence pursuant to section 893.135(l)(k)(2), Florida Statutes (2001). The State concedes that, on remand, Strazdins should be permitted to withdraw his plea to the charge of trafficking in MDMA. See State v. Moore, 854 So. 2d 832, 834 (Fla. 5th DCA 2003).
Reversed and remanded for further proceedings.
ALTENBERND, C.J., and FULMER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Dunbar v. State, 89 So. 3d 901 (Fla. 2012)…s orally pronounced, the sentence would have been reversed and remanded with instructions to impose the term. See, e.g., State v. Scanes, 973 So. 2d 659, 661 (Fla. 3d DCA 2008); State v. Couch, 896 So. 2d 799 (Fla. 1st DCA 2005); State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004); State v. Brendell, 656 So. 2d 594 (Fla. 5th DCA 1995). In fact, the parties agree that defendants may receive increased sentences under that procedural framework without a violation of their double jeopardy rights. We see no dist…
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State v. Valera, 75 So. 3d 330 (Fla. 4th DCA 2011)…d departure. Thus, where a “trial court imposes a sentence that is shorter than the required mandatory minimum sentence, ‘the sentence is not within the limits prescribed by law and is properly viewed as an ‘illegal’ sentence.’ ” State v. Strazdins, 890 So. 2d 334, 335 (Fla. 2d DCA 2004) (quoting State v. R.F., 648 So. 2d 293, 294 n. 1 (Fla. 3d DCA 1995)); see also State v. Scanes, 973 So. 2d 659, 661 (Fla. 3d DCA 2008).2 In conclusion, we find the trial court erred in sentencing appellee to a sentence below…
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Montrell L. Johnson v. State, 53 So. 3d 360 (Fla. 5th DCA 2011)…double jeopardy principles to resen-tence a defendant to a harsher term when the original sentence was invalid. Id.; see also State v. Scanes, 973 So. 2d 659 (Fla. 3d DCA 2008); State v. Couch, 896 So. 2d 799 (Fla. 1st DCA 2005); State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004); Allen v. State, 853 So. 2d 533 (Fla. 5th DCA 2003). We also reject Johnson’s suggestion that the state waived the mandatory minimum sentence. At the original sentencing hearing, the prosecutor requested the trial court sentence J…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Franklin v. State, 887 So. 2d 1063 (Fla. 2004)
- Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002)
- Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004)
- State v. R.F., 648 So. 2d 293 (Fla. 3d DCA 1995)
- Locklear v. Unemployment Appeals Comm'n, 854 So. 2d 832 (Fla. 5th DCA 2003)
- State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982)
- Staley v. State, 860 So. 2d 981 (Fla. 2d DCA 2003)
- Gilbert v. State, 843 So. 2d 972 (Fla. 2d DCA 2003)