OCTAVIUS HELMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed robbery and obstruction convictions but reversed the imposition of a ten-year minimum mandatory sentence under the 10/20/Life statute where the defendant qualified for sentencing under the Prison Releasee Reoffender Punishment Act, which provided an equal or greater sentence.
When a defendant meets requirements for sentencing under the PRRPA, a trial court may not impose a sentence under another statute if that sentence is equal to or lesser than the PRRPA sentence.
[1] When a defendant qualifies for sentencing under the Prison Releasee Reoffender Punishment Act, a trial court may not impose a sentence under the 10/20/Life statute if tha…
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Join FLexlaw to unlock all legal intelligence“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 to or lesser than that imposed under the PRRPA.”
Court explaining the legal error in the sentencing decision, citing Hill v. State.
Octavius Helms was convicted of robbery with a firearm and obstructing an officer without violence. The trial court sentenced him to life as a prison …
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WHATLEY, Judge.
This is an Anders1 appeal of Octavius Helms’ convictions and sentences for robbery with a firearm and obstructing an officer without violence. We affirm Helms’ convictions but reverse part of his sentence.
The trial court sentenced Helms to life as a prison releasee reoffender with a ten-year minimum mandatory for the robbery offense and to time served for the obstructing offense. The ten-year minimum mandatory term was imposed pursuant to section 775.087(2)(a)(l), Florida Statutes (2001), the 10/20/Life statute. However, “[w]hen a defendant 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 with directions.
FULMER and SILBERMAN, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. Prison Releasee Reoffender Punishment Act.
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Citator
Cited By
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McDONALD v. State, 957 So. 2d 605 (Fla. 2007)…, 912 So. 2d 74 (Fla. 4th DCA 2005), in which it certified conflict on two issues. First, it certified conflict with the decisions of the Second District Court of Appeal in Hall v. State, 837 So. 2d 1179, 1180 (Fla. 2d DCA 2003), and Helms v. State, 890 So. 2d 1256 (Fla. 2d DCA 2005), on the issue of whether the mandatory minimum sentence under the Prison Releasee Reoffender (PRR) statute, section 775.082(9) Florida Statutes (2000), must be imposed concurrently with a lesser mandatory minimum sentence under se…
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McDONALD v. State, 912 So. 2d 74 (Fla. 4th DCA 2005)…, because the Second District has followed our precedent on this matter, we certify conflict with the decisions of the Second District which now conflict with today’s decision. Hall v. State, 837 So. 2d 1179, 1180 (Fla. 2d DCA 2003); Helms v. State, 890 So. 2d 1256 (Fla. 2d DCA 2005). Finally, we must address one final matter. In his motion, McDonald claimed that he was improperly given mandatory life sentences for his convictions for robbery with a firearm, a first degree felony punishable by life. § 812.13(…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hill v. State, 862 So. 2d 815 (Fla. 4th DCA 2003)