BOBBY L. MAGWOOD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Ellington v. State, 96 So. 3d 1131 (Fla. 1st DCA 2012)
  …d 480, 481-82 (Fla. 5th DCA 2000). A trial court does not have discretion to depart from the sentence mandated by sec [*1132] tion 775.082(9), and the refusal to impose the mandatory minimum sentence is error as a matter of law. See State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006); State v. Smith, 832 So. 2d 249 (Fla. 5th DCA 2002). Appellant’s conviction for felony battery for intentionally touching or striking another against her will causing great bodily harm, permanent injury or permanent disfiguremen…
• Walker v. State, 955 So. 2d 1199 (Fla. 5th DCA 2007)
  …s follows: ... b. For a felony of the first degree, by a term of imprisonment of 30 years. (Emphasis added). The language in the PRR statute is mandatory and, thus, the trial court has no discretion to impose a lesser sentence. See State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006); State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA 2000). Accordingly, Walker has agreed to an illegal sentence as to Count V, which must be vacated. See Wheeler v. State, 864 So. 2d 492 (Fla. 5th DCA 2004) (recognizing that “an ill…
• State v. Williams, 20 So. 3d 419 (Fla. 3d DCA 2009)
  …under the sentencing guidelines. Proof of the release date, evidence of which the trial court did not give the State an opportunity to present, is an essential element for sentencing pursuant to the prison releasee re-offender act. State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006) (holding that trial court is required to afford State sufficient opportunity to present evidence on defendant’s qualification as prison release reoffender); Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005). As the defendant was…