RAY L. JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-07-16
No. 2D08-1634
Silberman, J., Casanueva, C.J., LaRose, J.
44 So. 3d 601 Florida District Court of Appeal, Second District (2010)

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Synopsis

Florida appellate court affirmed denial of postconviction relief but reversed and remanded on the issue of whether a $15,000 fine exceeded the statutory maximum of $10,000 for a second-degree felony because the trial court failed to address that claim.


Holding

A postconviction court's summary denial of a Rule 3.850 motion is reversible error when it fails to address a specific claim regarding an allegedly excessive fine.


Headnotes

[1] A postconviction court must address all claims raised in a Rule 3.850 motion; failure to address a specific claim regarding an allegedly excessive fine constitutes revers…

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Facts & Procedural History

Ray L. James was convicted and sentenced to fifteen years in prison with a $15,000 fine for a second-degree felony. He filed a postconviction motion u…

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Opinion of the Court
SILBERMAN, Judge.

SILBERMAN, Judge.

Ray L. James seeks review of the order denying his motion for postconviction relief which was filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of James’ claims with the exception of part of claim five which we reverse because the postconviction court failed to address it.

In claim five, James alleged that his $15,000 fine exceeded the statutory maximum and his sentence exceeded the guidelines without a justification for the upward departure. The postconviction court summarily denied relief on this claim based on its finding that the sentence of fifteen years in prison was within the statutory maximum for a second-degree felony, but the court did not address James’ claim about his fine. In his amended motion, James pointed out this omission to the postconviction court. James argued that the fine was imposed pursuant to section 775.083(l)(b), Florida Statutes (2001), which sets forth a maximum fine of $10,000 for a second-degree felony. The postcon-viction court declined to reconsider its ruling on claim five. This was error because the court never addressed James’ claim regarding his fine. Thus, we reverse and remand for reconsideration of the denial of this portion of claim five.

Affirmed in part, reversed in part, and remanded.

CASANUEVA, C.J., and LaROSE, J., Concur.


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