JOSEPH L. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Wilson appealed a postconviction court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Wilson claimed the trial court illegally imposed consecutive mandatory minimum sentences for two offenses committed in a single criminal episode. The court affirmed the denial but found the claim itself had merit, holding that Wilson's motion was procedurally deficient for failing to identify specific nonhearsay record documents.
The court held that while Wilson was correct that imposing consecutive mandatory minimum sentences for offenses committed in a single criminal episode is illegal, his rule 3.800(a) motion was facially insufficient because he failed to identify with particularity the specific nonhearsay record documents supporting his claim.
[1] A mandatory minimum sentence for firearm use during a single criminal episode cannot be imposed consecutively to a mandatory minimum sentence for first-degree murder.
[2] A motion to correct an illegal sentence under rule 3.800(a) must identify with particularity the nonhearsay record documents upon which the movant relies to establish fac…
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“Wilson is correct that such a sentencing scheme is illegal.”
The court acknowledges the merits of Wilson's substantive legal claim regarding consecutive mandatory minimum sentences for a single criminal episode.
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Join FLexlaw to unlock all legal intelligenceWilson was convicted of first-degree murder and attempted armed robbery with a firearm. The trial court imposed a three-year mandatory minimum sentenc…
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NORTHCUTT, Judge.
Joseph Lamar Wilson challenges the order of the postconviction court denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Wilson raised several grounds for relief in his motion. In affirming the order on appeal, we discuss only one of Wilson’s claims. Wilson was convicted of first-degree murder and attempted armed robbery with a firearm. In ground three of the motion, Wilson alleged, inter aha, that the trial court illegally imposed the three-year mandatory minimum sentence for the use of a firearm during the attempted armed robbery consecutively to the twenty-five year mandatory minimum sentence on the first-degree murder conviction where both offenses were committed in a single criminal episode. Wilson is correct that such a sentencing scheme is illegal. See Andujar v. State, 808 So. 2d 271, 271 (Fla. 2d DCA 2002). This claim may be raised in a rule 3.800(a) motion. Id. at 271-72.
The postconviction court, in denying the motion, overlooked this claim. However, to establish a facially sufficient rule 3.800(a) claim that the trial court illegally imposed consecutive sentences where the offenses were committed in a single criminal episode, not only must a movant allege that the claim is determinable from the face of the record, he must identify with particularity the nonhearsay record documents upon which he relies. See Speas v. State, 887 So. 2d 416, 417-18 (Fla. 2d DCA 2004). In the present case, Wilson failed to identify such nonhearsay portions of the record, and his claim is facially insufficient. See id. at 418. We affirm the order of the postconviction court without prejudice to any right Wilson might have to file a facially sufficient rule 3.800(a) claim that the trial court illegally imposed consecutive minimum mandatory sentences where the offenses were committed in a single criminal episode.
Affirmed.
CANADY and VILLANTI, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Speas v. State, 887 So. 2d 416 (Fla. 2d DCA 2004)
- Andujar v. State, 808 So. 2d 271 (Fla. 2d DCA 2002)