ROBERT A. ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robinson appealed the denial of his Rule 3.800(a) motion challenging his life sentence for capital sexual battery. The court held that under the 1994 version of Florida Statutes applicable to his 1994 offense, he is eligible for parole after serving a mandatory 25-year minimum term, not life without parole.
Robinson is eligible for parole after serving a minimum mandatory 25-year term on his capital sexual battery conviction because the 1994 version of section 775.082(1) applies to his offense, which permitted parole eligibility for capital felonies after 25 years.
[1] A person convicted of a capital felony, other than murder in the first degree or a capital felony under section 790.161, Florida Statutes, committed in 1994, is eligible…
[2] A trial court cannot conclusively refute a claim raised in a motion to correct sentence if the court has not previously ruled on the precise issue raised.
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“In 1994, section 775.082(1), Florida Statutes (Supp.1994), provided that a person convicted of any capital felony other than murder in the first degree or a capital felony under section 790.161, Florida Statutes, was required to be sentenced to life imprisonment, but was eligible for parole after serving twenty-five years.”
Establishes the applicable 1994 statutory framework allowing parole eligibility after 25 years for capital sexual battery convictions
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Join FLexlaw to unlock all legal intelligenceRobinson was convicted of sexual battery on a person under 12 years of age, with the offense occurring on September 24, 1994. In 1994, Florida law pro…
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PER CURIAM.
Appellant challenges the order denying his Florida Rule of Criminal Procedure 3.800(a) motion in connection with his conviction for capital sexual battery. We reject Appellant’s challenge, except in one respect. We agree with Appellant that, based on the law applicable to his case, he is eligible for parole on the capital sexual battery conviction after serving a minimum mandatory twenty-five-year term. See Duffy v. State, 874 So. 2d 1242 (Fla. 2d DCA 2004).
Among other things, Appellant was convicted of sexual battery on a person under 12 years of age. The information alleged that the offense occurred on September 24, 1994. In 1994, section 775.082(1), Florida Statutes (Supp.1994), provided that a person convicted of any capital felony other than murder in the first degree or a capital felony under section 790.161, Florida Statutes, was required to be sentenced to life imprisonment, but was eligible for parole after serving twenty-five years.1 This legislative enactment took effect on May 25, 1994.2 Section 775.082(1) was amended, effective October 1, 1995, to state that a person convicted of a capital felony shall be punished either by death or life imprisonment without parole.3 The 1994 version applies to Appellant.
Appellant alleged in ground one of his rule 3.800(a) motion that he was improperly sentenced to life without parole. The trial court denied relief on this ground by stating that it was raised in a previous rule 3.800(a) motion. As the State concedes, a review of the court’s ruling fails to demonstrate that the court ruled on the precise issue raised by Appellant.
As the trial court has not conclusively refuted Appellant’s claim, the State requests that the case be remanded for additional review by the trial court. On remand, the lower court can either attach the written sentence showing that Appellant did receive a life sentence with a minimum mandatory twenty-five-year term, or the trial court may correct the sentence to include the minimum mandatory provision.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
SAWAYA, MONACO and TORPY, JJ., concur. . Capital sexual battery is not a capital felony under section 790.161.
. Ch. 94-228, § 1, Laws of Fla. .Ch. 95-294, § 4, Laws of Fla.
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Cited By
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Seeley v. State, 214 So. 3d 783 (Fla. 5th DCA 2017)…rule of lenity, See-ley should have been sentenced pursuant to the 1993 version of the statute to life with the possibility of parole after twenty-five years. See Duffy v. State, 874 So. 2d 1242, 1243 (Fla. 2d DCA 2004); see also Robinson v. State, 955 So. 2d 1230 (Fla. 5th DCA 2007). Seeley only attached one page of his sentence to his motion, and it reflects that he was sentenced to “natural life.” There is no indication on this page that he is eligible for parole after twenty-five years. However, it is n…
Authorities Cited
- Leaurenza Edwards v. State, 874 So. 2d 1242 (Fla. 1st DCA 2004)
- Duffy v. State, 874 So. 2d 1242 (Fla. 2d DCA 2004)