DEXTER D. GRABLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Dexter Grable appealed his concurrent twenty-year sentences for attempted second-degree murder and shooting into a building. The court reversed and remanded for resentencing because shooting into a building is a second-degree felony with a maximum fifteen-year sentence and does not qualify for the minimum mandatory sentencing enhancement.
The sentence for shooting into a building is illegal because the offense is a second-degree felony punishable by no more than fifteen years' imprisonment, and the minimum mandatory sentencing provision does not apply to convictions under section 790.19. The court reversed and remanded for resentencing.
[1] A minimum mandatory sentence under section 775.087, Florida Statutes, cannot be imposed for the offense of shooting into a building under section 790.19, Florida Statutes…
[2] A sentence exceeding fifteen years' imprisonment is illegal for a conviction of shooting into a building, as it is a second-degree felony punishable by a term not exceedi…
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Join FLexlaw to unlock all legal intelligence“the offense of shooting into a building is a second-degree felony punishable by a term of imprisonment not exceeding fifteen years, and it is not an offense for which the minimum mandatory sentence can be imposed.”
Establishes the core holding that the twenty-year sentence was illegal on two independent grounds.
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Join FLexlaw to unlock all legal intelligenceGrable pleaded no contest to attempted second-degree murder and shooting into a building. He was sentenced to concurrent twenty years' imprisonment wi…
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Dexter D. Grable appeals his concurrent twenty-year minimum mandatory sentences for attempted second-degree murder and shooting into a building. We reverse and remand for resentencing because the offense of shooting into a building is a second-degree felony punishable by a term of imprisonment not exceeding fifteen years, and it is not an offense for which the minimum mandatory sentence can be imposed.
Grable pleaded no contest to attempted second-degree murder and shooting into a building, and he was sentenced to a concurrent twenty years’ imprisonment with the minimum mandatory sentence imposed on each count pursuant to section 775.087, Florida Statutes (2007). Grable filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error arguing that his sentence for shooting into a building was illegal because that offense, under section 790.19, Florida Statutes (2007), is not a listed offense for which *990the minimum mandatory sentence can be imposed under section 775.087(2)(a)(l). Although the trial court eventually granted the motion and amended Grable’s sentence, it did so beyond the sixty-day time period set forth in rule 3.800(b)(2)(B). Therefore, Grable’s motion is deemed denied and the amended sentence is a nullity. See Fla. R.Crim. P. 3.800(b)(2)(B); Pearce v. State, 968 So.2d 92, 94 (Fla. 2d DCA 2007); Jackson v. State, 793 So.2d 117, 118 (Fla. 2d DCA 2001).
The trial court recognized and the State properly concedes that Grable’s sentence for shooting into a building is illegal. The minimum mandatory sentence provision in section 775.087(2)(a)(l) does not apply to a conviction under section 790.19. See Bradford v. State, 722 So.2d 858, 860 (Fla. 1st DCA 1998); Samuels v. State, 681 So.2d 915, 915-16 (Fla. 4th DCA 1996); see also Simmons v. State, 457 So.2d 534, 535 (Fla. 2d DCA 1984). We also note that the sentence of twenty years’ imprisonment for shooting into a building is illegal because the offense is a second-degree felony punishable by a term of imprisonment not exceeding fifteen years. See §§ 790.19, 775.082(3)(c). Accordingly, we reverse Grable’s sentence and remand for the imposition of a corrected sentence consistent with this opinion.1
Reversed and remanded for resentenc-ing.
WHATLEY and SILBERMAN, JJ., Concur.
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Petterson v. State (Fla. 2d DCA 2021)…otion within the sixty-day time period, its jurisdiction to correct the error terminated on January 19, 2007. Thus the January 25 order granting Mr. Pearce's motion [and the subsequent restitution orders] are nullities."); see also Grable v. State, 37 So. 3d 989, 990 (Fla. 2d DCA 2010) ("Although the trial court eventually granted the motion and amended Grable's sentence, it did so beyond the sixty- day time period set forth in rule 3.800(b)(2)(B). Therefore, Grable's motion is deemed denied and the amende…
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Weber v. State (Fla. 2d DCA 2023)…Petterson v. State, 323 So. 3d 348, 349 (Fla. 2d DCA 2021) (recognizing that orders filed after the statutorily imposed sixty- day limit are nullities (first citing Pearce v. State, 968 So. 2d 92, 94 (Fla. 2d DCA 2007); then citing Grable v. State, 37 So. 3d 989, 990 (Fla. 2d DCA 2010); and then citing Jackson v. State, 793 So. 2d 117, 118 (Fla. 2d DCA 2001))). As a result, our review pertains to errors contained in the original Payment Order and the lack of the necessary documentation regarding Weber's ju…
Authorities Cited
- Robbie Jackson v. State, 793 So. 2d 117 (Fla. 2d DCA 2001)
- Bradford v. State, 722 So. 2d 858 (Fla. 1st DCA 1998)
- Windisch v. State, 709 So. 2d 606 (Fla. 2d DCA 1998)
- Pearce v. State, 968 So. 2d 92 (Fla. 2d DCA 2007)
- Citrus Mach. Co., Inc. v. SIX L'S Packing Co., Inc., 457 So. 2d 534 (Fla. 2d DCA 1984)
- Samuels v. State, 681 So. 2d 915 (Fla. 4th DCA 1996)