KYLE MANNION, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Kyle Mannion appealed his convictions for vehicular homicide and leaving the scene of an accident, challenging whether his ten-year concurrent sentences exceeded the statutory maximum. The court affirmed the sentences as legally imposed within sentencing guidelines but reversed to correct the judgment to reflect the correct felony degree.
The ten-year sentence is legal because it falls within the sentencing guidelines range of 153.6 months (9.6 to 16 years) and the statutory scheme permits sentencing within guidelines even if exceeding the statutory maximum. However, the judgment must be corrected to reflect that Mannion was convicted of vehicular homicide as a third degree felony under section 782.071(1), not a second degree felony.
[1] A sentence within the sentencing guidelines is legal, even if it exceeds the statutory maximum for the offense.
[2] A judgment of conviction must accurately reflect the felony degree for which a defendant was charged and convicted.
Previewing 2 of 3 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“the statutory scheme permits appellant to he sentenced within the guidelines, even though that sentence exceeds the statutory maximum”
Establishes that guideline sentences are legal even if they exceed statutory maximum
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMannion was convicted of vehicular homicide under section 782.071(1), Florida Statutes, leaving the scene of an accident with injury under section 316…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Felony Degree Classification cases and more on FLexlaw
On Motion For Rehearing
PER CURIAM.
We grant the motion for rehearing, withdraw our prior opinion and substitute the following in its place.
This is an appeal from the trial court’s summary denial of appellant’s motion for postconviction relief from his convictions for vehicular homicide, a violation of section 782.071, Florida Statutes (1998), and leaving the scene of an accident with injury, a violation of section 316.027, Florida Statutes (1998), both third degree felonies. He was also convicted of a related misdemeanor. He contends that the judgment of conviction is incorrect and his sentence for the third degree felonies is illegal, because he was sentenced to concurrent ten year terms, which exceeds the statutory maximum. However, his guide lines sentence was 153.6 months in prison, with a minimum of 9.6 years and a maximum of 16 years, and the statutory scheme permits appellant to he sentenced within the guidelines, even though that sentence exceeds the statutory maximum. See Mays v. State, 717 So. 2d 515, 516 (Fla. 1998). Therefore, the sentence of ten years, being within the guidelines, is a legal sentence.
However, the actual judgment of conviction states that appellant was convicted of a second degree felony, which the state concedes is incorrect. The information shows that the state amended the information, and appellant was only charged with vehicular homicide under section 782.071(1), Florida Statutes (1998), and was not charged with a violation of section 782.071(2), which is a second degree felony. The appellant is entitled to correction of the judgment. To this extent, we reverse, remand and instruct the trial court to correct the judgment of conviction to show that appellant’s conviction for vehicular homicide pursuant to section 782.071(1) is a third degree felony.
STONE, WARNER and GROSS, JJ., concur.