MITCHELL JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mitchell Jackson appealed the denial of his motion to correct an illegal sentence imposed for kidnapping. The trial court imposed a 100-year sentence for kidnapping with a firearm, which exceeded the statutory maximum of 40 years for a life felony. The court reversed the sentence on the kidnapping conviction and remanded for resentencing while affirming other aspects of the conviction.
The 100-year sentence for kidnapping is illegal because kidnapping with a firearm is a life felony with a maximum sentence of 40 years, not 100 years. The claim regarding the upward departure sentence without written reasons is not cognizable under Rule 3.800(a).
[1] A claim that a trial court failed to make written findings before imposing a prison sentence when the defendant scored 22 or fewer sentencing points is not cognizable und…
[2] The requirement for written findings to impose a prison sentence under section 775.082(10), Florida Statutes, is analogous to the former sentencing guidelines' requiremen…
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Join FLexlaw to unlock all legal intelligence“The maximum sentence for a life felony is life or a term of years not to exceed forty.”
Establishes the statutory cap for life felony sentences under Florida law
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Join FLexlaw to unlock all legal intelligenceA jury convicted Jackson of aggravated assault with a deadly weapon, kidnapping with a firearm, and four counts of sexual battery with a firearm. The …
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Mitchell Jackson appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court erroneously imposed a 100-year sentence for kidnapping. Consequently, we reverse for resentencing on this claim. In all other respects, we affirm.
The jury convicted Mr. Jackson of one count of aggravated assault with a deadly weapon (firearm), one count of kidnapping with a firearm, and four counts of sexual battery with a firearm. See §§ 784.021, 787.01(l)(a)(3), 794.011(3), Fla. Stat. (1987). The trial court sentenced him to 100 years for the kidnapping as a first-degree felony; a consecutive life sentence for one sexual battery; forty-year sentences for the other three sexual batteries, concurrent with the first sexual battery sentence; and five years for the third-degree felony aggravated assault, concurrent with the sexual battery sentences.
Kidnapping is a first-degree felony. § 787.01(2). Mr. Jackson’s use of a firearm resulted in a reclassification to a life felony. See § 775.087(l)(a), Fla. Stat. (1987). The maximum sentence for a life felony is life or a term of years not to exceed forty. § 775.082(3)(a). Thus, the 100-year sentence is illegal. See Shaw v. State, 780 So.2d 188, 191 (Fla. 2d DCA 2001) (holding that an illegal sentence is one that exceeds the statutory maximum for a particular offense regardless of the guidelines). The State properly concedes error. We accordingly reverse and remand for resentencing on the kidnapping conviction.
*1154We also address Mr. Jackson’s claim that the trial court erroneously imposed an upward departure sentence without written reasons. See Fla. R;Crim. P. 3.701(d)(ll) (providing any sentence outside permitted guidelines range must be accompanied by written statement of departure reasons). This claim is not cognizable under rule 3.800(a). See Wright v. State, 911 So.2d 81, 83 (Fla.2005); Maddox v. State, 760 So.2d 89 (Fla.2000); Davis v. State, 661 So.2d 1193, 1196 (Fla.1995), receded from on other grounds hy Mack v. State, 823 So.2d 746, 748-49 (Fla.2002); Shaw, 780 So.2d at 191. We affirm on this point.
We affirm, without further discussion, the postconviction court’s rulings on the other claims raised by Mr. Jackson.
Affirmed in part, reversed in part, and remanded.
WHATLEY and KELLY, JJ., Concur.
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Plott v. State, 86 So. 3d 516 (Fla. 2d DCA 2012)….2005); McGregor v. State, 789 So. 2d 976, 977 (Fla.2001). It has long been the law that procedural errors in sentencing that could have been preserved and raised in direct appeal are not grounds for relief under rule 3.800(a). See Jackson v. State, 29 So. 3d 1152, 1154 (Fla. 2d DCA 2010) (holding that a claim that the trial court erroneously imposed an upward departure sentence without written reasons is not cognizable under rule 3.800(a)); Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991) (en banc) (“Rul…
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Wighard v. State, 34 So. 3d 782 (Fla. 5th DCA 2010)…PER CURIAM. AFFIRMED. See Wright v. State, 911 So. 2d 81, 83 (Fla.2005) (holding that imposition of an upward departure sentence without written reasons is not an issue cognizable in a rule 3.800(a) proceeding); Jackson v. State, 29 So. 3d 1152 (Fla. 2d DCA 2010) (same); Wood v. State, 830 So. 2d 902 (Fla. 1st DCA 2002) (same). GRIFFIN, LAWSON and COHEN, JJ., concur.…
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Sotolongo v. State, 369 So. 3d 1231 (Fla. 3d DCA 2024)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Wright v. State, 911 So. 2d 81 (Fla. 2005)
- Mack v. State, 823 So. 2d 746 (Fla. 2002)
- Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001)