MICHAEL R. WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a bargained-for 20-year sentence under the Prison Releasee Reoffender statute for a first-degree felony was illegal because the statute mandates a 30-year sentence.
Michael R. Walker sought to challenge his 20-year sentence on Count V, imposed under the Prison Releasee Reoffender (PRR) statute for a first-degree f…
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THOMPSON, J.
In this rule 3.800(a) proceeding, we reverse the trial court’s denial of Michael R. Walker’s second claim for relief directed at his sentence in Count V (lower court case number 02-06-CF-JS) for a violation of section 794.011(4)(b), Florida Statutes (2001), a first-degree felony. Walker argues in his second claim that his bargained-for 20-year prison sentence on Count V as a Prison Releasee Reoffender (“PRR”) is illegal because section 775.082(9), Florida Statutes (2001) mandates that the trial court may only impose a 30-year sentence as a PRR for a first-degree felony. Walker’s claim, although unorthodox, is correct. Section 775.082(9)(a)(3), Florida Statutes (2001), states in pertinent part:
Upon proof from the state attorney that ... a defendant is a prison releasee reoffender ..., such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as 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 illegal sentence cannot be imposed even as part of a negotiated plea agreement.”)
We remand this matter to the trial court with directions that the State be provided the option to either agree to the striking of the PRR designation as to Count V or, alternatively, to withdraw from the plea agreement with Walker. Cf. Thomas v. State, 932 So. 2d 1221 (Fla. 5th DCA 2006). We affirm the trial court’s denial as to Walker’s remaining claim.
AFFIRMED in part; REVERSED in part; and REMANDED.
MONACO and LAWSON, JJ., concur.
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Williamson v. State, 988 So. 2d 1240 (Fla. 5th DCA 2008)…emand for attachment of those portions of the record conclusively establishing that Williamson is not entitled to relief, or for resentencing to remove the PRR designation, or allow the State to withdraw from the plea agreement. See Walker v. State, 955 So. 2d 1199 (Fla. 5th DCA 2007). REVERSED and REMANDED with directions consistent with this opinion. MONACO and TORPY, JJ., concur.…
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Cimaglia v. State, 77 So. 3d 841 (Fla. 4th DCA 2012)…[*842] PER CURIAM. Joseph Cimaglia appeals the trial court’s final order summarily denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Pursuant to Walker v. State, 955 So. 2d 1199 (Fla. 5th DCA 2007), we reverse Cim-aglia’s ten-year prison sentence as a prison releasee reoffender (“PRR”) on Count I, burglary while armed with a firearm, and remand to the trial court to allow the State to either strike the designation or withdr…
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State v. Donny Wollard, 84 So. 3d 1190 (Fla. 4th DCA 2012)…“DOC Crime and Time Report” by attaching a certification to the report, thereby satisfying the business records exception to hearsay. Id. As the defendant concedes, the trial court must sentence him to fifteen years if he is a PRR. Walker v. State, 955 So. 2d 1199, 1200 (Fla. 5th DCA 2007). Unfortunately, the State never “admitted” any records into evidence.1 Because the evidence was not introduced, the case must be reversed and remanded. Upon remand, the State will have another opportunity to introduce evide…
Authorities Cited
- Wheeler v. State, 864 So. 2d 492 (Fla. 5th DCA 2004)
- State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA 2000)
- Talmage E. Thomas v. State, 932 So. 2d 1221 (Fla. 5th DCA 2006)
- Magwood v. State, 923 So. 2d 1186 (Fla. 1st DCA 2006)
- State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006)