CHRISTIAN MOSQUERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court lacked jurisdiction to grant a motion to correct sentence while an appeal was pending and that false imprisonment is not an enumerated offense for Prison Releasee Reoffender sentencing.
Defendant pleaded guilty to false imprisonment and was sentenced as a Prison Releasee Reoffender (PRR). While his appeal was pending, the trial court …
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Defendant was sentenced upon his plea to 97.5 months as a prison releasee reof-fender (PRR) for the crime of false imprisonment. More than 60 days after filing a motion to correct sentencing errors, and while his appeal was pending in this court, the trial court belatedly granted his motion to correct sentence errors. The court lacked jurisdiction to do so while the appeal was pending. He prays on this appeal that we reverse the sentence so that court may effectively correct sentencing errors.
We agree that the sentence on counts 2 and 3 for false imprisonment was improperly designated as a PRR. Section 775.082(9)(a) provides that certain enumerated offenses may be sentenced as a PRR, but false imprisonment is not among them. See Sinclair v. State, 973 So.2d 665 (Fla. 3d DCA 2008) (“False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)l.”); see also State v. Hearns, 961 So.2d 211, 218 (Fla.2007) (“[T]o constitute a forcible felony, all ... alternatives must involve the use or threat of physical force or violence.”).
Also, in pronouncing the sentence the trial court made the probation apply only to the sentence for count 1. It therefore does not apply to the sentence for counts 2 and 3.
Finally, it appears that in pronouncing sentence that the trial court intended to impose the minimum sentence required by the scoresheet, or 97.05 months in prison. The written sentence should reflect 97.05 months, rather than 97.5 months.
*256 Reversed and, remanded for correction of sentences consistent with this opinion.
CIKLIN, J., and LEBAN, MARK KING, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jovan Lamb v. State, 32 So. 3d 117 (Fla. 2d DCA 2009)…question presented in this case— whether a PRR sentence may be based on a false imprisonment conviction — and, applying Hearns, have concluded that a conviction for false imprisonment is not sub- [*119] jeet to PRR sentencing. See Mosquera v. State, 16 So. 3d 255 (Fla. 4th DCA 2009) (“Section 775.082(9)(a) provides that certain enumerated offenses may be sentenced as a PRR, but false imprisonment is not among them.”); Sinclair v. State, 973 So. 2d 665, 665 (Fla. 3d DCA 2008) (“False imprisonment is not an en…
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Kalogeras v. State, 58 So. 3d 889 (Fla. 5th DCA 2011)…Second, Third and Fourth Districts, applying Hearns, have concluded that false imprisonment is not subject to PRR sentencing. See Lamb v. State, 32 So. 3d 117 (Fla. 2d DCA 2009); Davis v. State, 20 So. 3d 1024 (Fla. 4th DCA 2009); Mosquera v. State, 16 So. 3d 255 (Fla. 4th DCA 2009); and Sinclair v. State, 973 So. 2d 665 (Fla. 3d DCA 2008). The State unconvincingly attempts to distinguish Lamb (and to some extent, Hearns), by arguing that Appellant’s false imprisonment conviction qualified for PRR sentencin…
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Galante v. State (Fla. 4th DCA 2026)…ile a rule 3.800(b)(2) motion."). As Galante argues, the PRR sentence for false imprisonment is illegal. See Washington v. State, 199 So. 3d 1110, 1111-12 (Fla. 1st DCA 2016); Lamb v. State, 32 So. 3d 117, 119 (Fla. 2d DCA 2009); Mosquera v. State, 16 So. 3d 255, 255 (Fla. 4th DCA 2009). Counsel's failure to preserve the error in a rule 3.800(b)(2) motion and, if necessary, raise it on direct appeal constitutes ineffective assistance. Accordingly, we grant the petition in part and remand for the trial court…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- Sinclair v. State, 973 So. 2d 665 (Fla. 3d DCA 2008)