BRENTON JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the mandatory minimum sentence for a second-degree felony under the 10-20-Life statute cannot exceed the statutory maximum for that felony.
Defendant sought postconviction relief from a life sentence with a twenty-five year mandatory minimum for attempted robbery with a deadly weapon, a se…
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The defendant below appeals the circuit court’s summary denial of his motion for postconviction relief. We reverse only as to the defendant’s claim that on count two, attempted robbery with a deadly weapon, a second-degree felony, his sentence to life in prison with a twenty-five year mandatory minimum is illegal.
In denying the defendant’s claim, the circuit court stated that the imposition of the life sentence on the second-degree felony was the result of the mandatory sentencing of the 10-20-Life statute, section 775.087(2)(a)3., Florida Statutes (2003), because the defendant discharged a firearm. However, this court disapproved of that reasoning in Collazo v. State, 966 So.2d 429 (Fla. 4th DCA 2007). We held, pursuant to section 775.087(2)(c), Florida Statutes (2004), because the statutory maximum applicable to a defendant charged with a second-degree felony of fifteen years is less than the mandatory minimum of twenty-five years, a court may impose only that mandatory minimum. 966 So.2d at 431; § 775.087(2)(c), Fla. Stat. (2004) (“If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed.”).
Collazo applies here. We reverse and remand for re-sentencing of the defendant on count two to the mandatory minimum of twenty-five years. On all other grounds, we affirm.
Affirmed in part, reversed in part, and remanded.
FARMER, HAZOURI and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)…ve the decisions of the Fourth District Court of Appeal in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007), Thurston v. State, 984 So. 2d [*743] 1290 (Fla. 4th DCA 2008), Leary v. State, 980 So. 2d 622 (Fla. 4th DCA 2008), and Johnson v. State, 17 So. 3d 847 (Fla. 4th DCA 2009), to the extent that those decisions hold that section 775.087(2)(a)(3) does not vest discretion in the trial judge to impose a mandatory minimum of twenty-five years to life without regard to the statutory maximum for the crime.3…1 / 2
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Booth v. State, 18 So. 3d 1142 (Fla. 5th DCA 2009)…d 665 (Fla. 5th DCA 2008). However, Mendenhall is in conflict on this point with the en banc majority decision in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007) and with three other Fourth District cases applying Collazo. See Johnson v. State, 17 So. 3d 847 (Fla. 4th DCA 2009); Thurston v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008); Leary v. State, 980 So. 2d 622 (Fla. 4th DCA 2008). Mendenhall also conflicts with Sousa v. State, 976 So. 2d 639 (Fla. 2d DCA 2008) and Wilson v. State, 898 So. 2d 191 (Fl…
Authorities Cited
- Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007)