KIEV RAYVON ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kiev Rayvon Robinson appeals his conviction and sentence for second-degree murder with a firearm. The court affirms both his conviction and sentence, rejecting his challenge to the trial court's denial of his motion for judgment of acquittal and clarifying that his 30-year prison sentence followed by lifetime probation is legal under the applicable sentencing statute.
The trial court properly denied Robinson's motion for judgment of acquittal, and his conviction is affirmed. Robinson's sentence is legal because, under section 775.082(3)(a)(3) applicable to offenses committed after July 1, 1995, a life felony may be punished by a term of imprisonment not exceeding life imprisonment, which permits the imposed sentence of 30 years plus lifetime probation.
[1] A trial court properly denies a motion for judgment of acquittal when the evidence presented is legally sufficient to support a conviction.
[2] Second-degree murder with a firearm is reclassified as a life felony.
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Join FLexlaw to unlock all legal intelligence“a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment”
The applicable statutory language under section 775.082(3)(a)(3) authorizing the sentence imposed
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Join FLexlaw to unlock all legal intelligenceA jury found Robinson guilty of second-degree murder with a firearm under Florida law. The trial court sentenced him to thirty years in prison followe…
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Kiev Rayvon Robinson challenges his judgment and sentence for second-degree murder with a firearm following a jury trial. Mr. Robinson raises two issues on appeal. First, he argues that the trial court erred in denying his motion for judgment of acquittal. Second, he contends that the sentence imposed on him was illegal, and the State concedes error on this issue. We conclude that the trial court properly denied Mr. Robinson’s motion for judgment of acquittal, and we affirm his adjudication of guilt without comment. We also affirm the sentence imposed on him but write to explain our reasoning.
A jury found Mr. Robinson guilty of the offense of second-degree murder with a firearm under section 782.04(2), Florida Statutes (2006). Second-degree murder is *922a first-degree felony punishable by imprisonment for a term of years not exceeding life or as provided in sections 775.082, 775.083, and 775.084, Florida Statutes (2006). However, because Mr. Robinson used a firearm, the offense is reclassified as a life felony. § 775.087(l)(a).
The trial court sentenced Mr. Robinson to thirty years in prison followed by lifetime probation. Mr. Robinson argues that his sentence is illegal because the maximum sentence for a life felony is a term of imprisonment for life or a term of imprisonment not exceeding forty years. See § 775.082(3)(a)(2). Because his sentence was for a term of years, the additional sentence of probation for life would exceed the forty-year limit. See Routenberg v. State, 721 So.2d 1187, 1187 (Fla. 2d DCA 1998); Walker v. State, 660 So.2d 332, 333 (Fla. 2d DCA 1995); Stokes v. State, 658 So.2d 1159, 1160 (Fla. 2d DCA 1995).
But Mr. Robinson’s argument is incorrect. Because Mr. Robinson committed the offense after July 1, 1995, the applicable statute is section 775.082(3)(a)(3) — not section 775.082(3)(a)(2). Under subsection (3)(a)(3), the trial court could have sentenced him to “a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.” Thus Mr. Robinson’s sentence of thirty years’ prison followed by probation for life does not violate the applicable sentencing statute and is therefore a legal sentence. Accordingly, we do not accept the State’s concession of error.
Affirmed.
KHOUZAM and CRENSHAW, JJ., concur.
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Cote-Ferrer v. State, 210 So. 3d 74 (Fla. 2d DCA 2016)…PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2010); Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010). SILBERMAN, WALLACE, and SALARIO, JJ., Concur.…
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Paz v. State, 243 So. 3d 936 (Fla. 2d DCA 2018)…Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Susan B. Maulucci, Judge. PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2000); Moore v. State, 882 So. 2d 977 (Fla. 2004); Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Carpenter v. State, 884 So. 2d 385 (Fla. 2d DCA 2004); Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008); Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005). MORRIS, SLEET,…
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Hulon Ponder v. State, 252 So. 3d 1201 (Fla. 2d DCA 2018)…ndrews, Judge. PER CURIAM. Affirmed. See Hatten v. State, 203 So. 3d 142 (Fla. 2016); Betancourt v. State, 804 So. 2d 313 (Fla. 2001); Kirkland v. State, 684 So. 2d 732 (Fla. 1996); State v. Whitehead, 472 So. 2d 730 (Fla. 1985); Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010); Burttram v. State, 846 So. 2d 1201 (Fla. 2d DCA 2003); Olsen v. State, 751 So. 2d 108 (Fla. 2d DCA 2000); State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994); Chavers v. State, 115 So. 3d 1017 (Fla. 1st DCA 2013). BLACK, SALARIO…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stokes v. State, 658 So. 2d 1159 (Fla. 2d DCA 1995)
- Walker v. State, 660 So. 2d 332 (Fla. 2d DCA 1995)
- Routenberg v. State, 721 So. 2d 1187 (Fla. 2d DCA 1998)