JERRY LEE PITTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion to correct an illegal sentence does not authorize modification of a legal sentence on another count, thus violating double jeopardy.
The trial court initially imposed sentences for lewd battery and lewd molestation. Upon the defendant's motion to correct an illegal sentence, the cou…
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LaROSE, Judge.
Jerry Lee Pitts appeals his conviction and sentence for lewd or lascivious battery and lewd or lascivious molestation. We find merit in but one of the six issues raised by Mr. Pitts. We reverse only as to that issue.
The trial court imposed a twenty-year prison sentence for lewd or lascivious battery (count I) and fifteen years of sex offender probation for lewd or lascivious molestation (count II). On Mr. Pitts’ motion to correct illegal sentence, the trial court reduced Mr. Pitts’ sentence on count I from twenty years to fifteen years. To maintain the original total prison time of twenty years, the trial court also modified Mr. Pitts’ sentence on count II to a consecutive five-year prison term followed by ten years of sex offender probation.
Mr. Pitts argues that the trial court violated his double jeopardy rights by increasing the sentence originally imposed for count II. We agree. A motion to correct an illegal sentence does not authorize the trial court to modify a legal sentence imposed on another count. Seago v. State, 627 So. 2d 1316, 1316 (Fla. 2d DCA 1993); Wilhelm v. State, 543 So. 2d 434, 435 (Fla. 2d DCA 1989). Therefore, we reverse and remand for the trial court to reinstate the original sentence on count II. We affirm as to the remaining issues without further comment.
Affirmed in part, reversed in part, and remanded with directions.
ALTENBERND and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007)…his sentence based upon a motion to correct sentencing error challenging only the sentence on count l.5 We agree that under existing Florida law, this increase in the sentence on count 5 violated double jeopardy and was improper. See Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006); Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005). II. DOUBLE JEOPARDY GENERALLY The guarantee against double jeopardy appearing in the United States and Florida Constitutions generally consists of three separate constitutional…
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Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)…ounts where sentence was illegal); Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007) (explaining Florida law in detail and holding trial court “lacked authority” to modify legal sentence on a count not challenged by the defendant); Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006) (noting that a “motion to correct an illegal sentence does not authorize the trial court to modify a legal sentence on another count”); Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005) (holding trial court “lacked jurisdiction” t…
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Benny Arzola Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017)…er counts is not permitted because he did not attack those sentences in his second motion. In support of his argument, he cites State v. Bynes, 121 So. 3d 619 (Fla. 4th DCA 2013); Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013); Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006); and Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989). We are not persuaded by the defendant’s argument because the cases upon which he relies do not reflect that guilt was determined by a plea agreement, as was the case here.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Neilsen Arelen Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989)
- Seago v. State, 627 So. 2d 1316 (Fla. 2d DCA 1993)