MICHAEL KENNETH SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DUI manslaughter conviction affirmed, but mandatory minimum sentence vacated because the sentencing statute in effect at the time of the offense did not impose a mandatory minimum, only the statute in effect at sentencing did.
A defendant convicted of DUI manslaughter must be sentenced under the statute in effect at the time of the offense, not the statute in effect at sentencing, and therefore the four-year mandatory minimum imposed under the 2007 amendment does not apply to offenses committed before July 1, 2007.
[1] A defendant must be sentenced under the statute in effect at the time of the offense, not the statute in effect at sentencing, and therefore a mandatory minimum added by…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of DUI manslaughter in 2008 and sentenced to 15 years with a four-year mandatory minimum. The offense occurred in February 200…
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Appellant was convicted of DUI manslaughter and sentenced to 15 years in prison with a four-year mandatory minimum. As the state concedes, imposition of the mandatory minimum sentence was error. Appellant’s sentence was controlled by the law in effect at the time of his offense. See Larkins v. State, 739 So.2d 90, 96 n. 5 (Fla.1999). At the time appellant was sentenced in 2008, the statute required a four-year mandatory minimum. See § 316.193(3)(c)3., Fla. Stat. (2008). However, in February 2007, the time of the offense in this case, the statute did not impose a mandatory minimum. See § 316.193(3)(c)3„ Fla. Stat. (2006). The legislature amended the law in 2007 to provide for a mandatory minimum sentence. Ch. 2007-211, § 3, Laws of Fla. The change did not go into effect until July 1, 2007, approximately 5 months after appellant committed the underlying crime. Id. § 5.
On the remaining issue, we detect no fundamental error in the prosecutor’s closing argument. The statements appellant points to on appeal were either fair comments on the evidence or reasonable inferences that could be drawn from it.
We affirm the conviction and remand to the circuit court for resentencing.
GROSS, C.J., STEVENSON and CIKLIN, JJ., concur.
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State v. Pitts, 53 So. 3d 1191 (Fla. 4th DCA 2011)…ficity the facts alleged in the motion. See Fla. R.Crim. P. 3.190(d). “If the State does not file a traverse specifically denying the factual matters asserted in the motion to dismiss, the factual matters are considered admitted.” State v. Beaubrun, 36 So. 3d 897, 899 (Fla. 3d DCA 2010) (citing Fla. R.Crim. P. 3.190(d)). Here, the State argues that the defendant’s failure to swear to the factual allegations in the rule 3.190(c)(4) motion was fatal and requires this court to reverse. There is no question tha…
Authorities Cited
- Larkins v. State, 739 So. 2d 90 (Fla. 1999)