KEITH LANDRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Keith Landry appeals the trial court's denial of his motion to correct an illegal sentence following a probation violation. The court affirmed, holding that Landry's original 42-year sentence was legal and that he was estopped from challenging it after benefiting from the probationary split sentence.
The original 42-year sentence was legal under Florida Statutes § 775.082(3)(a) for a first-degree felony punishable by life. Landry is estopped from asserting the illegality of the sentence after knowingly taking advantage of its benefits, and the trial court was authorized to impose any sentence it could have originally imposed following probation revocation.
[1] Following revocation of probation, a trial court is authorized to impose any sentence it could have originally imposed.
[2] A defendant is estopped from asserting the illegality of a sentence after knowingly taking advantage of its benefits.
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Join FLexlaw to unlock all legal intelligence“Appellant's original forty-two year sentence was a legal one under section 775.082(3)(a), Florida Statutes (1989), for a first-degree felony punishable by life.”
Establishes that the original sentence was lawful under the applicable statute
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Join FLexlaw to unlock all legal intelligenceLandry pleaded nolo contendere to second-degree murder and received a sentence of 17 years' prison followed by 25 years' probation, with a 3-year mand…
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Appellant, Keith Landry, challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. Pursuant to Appellant’s negotiated plea of nolo conten-dere to the offense of second-degree murder,1 the trial court sentenced him to seventeen years’ prison, followed by twenty-five years’ probation, with a three-year minimum mandatory for the use of a firearm. After his release from prison, he served over eight years of probation before committing a violation of probation. The trial court revoked his probation and imposed a sentence of twenty-five years’ prison with credit for time served, followed by ten years’ probation, and stayed the incarcerative portion of the sentence, placing Appellant on probation.
Appellant’s original forty-two year sentence was a legal one under section 775.082(3)(a), Florida Statutes (1989), for a first-degree felony punishable by life.2 His original sentence was a probationary split sentence and, following revocation of probation, the trial court was authorized to impose any sentence it could have originally imposed. § 948.06(2)(b), Fla. Stat. (2009); see Franklin v. State, 545 So.2d 851 (1989). Further, Appellant is es-topped from asserting the illegality of the sentence after he has knowingly taken advantage of its benefits. See Taylor v. State, 690 So.2d 686, 686 (Fla. 5th DCA 1997).
The trial court imposed a legal sentence following Appellant’s violation of probation and he is entitled to no relief regarding his original sentence. Accordingly, we affirm.
AFFIRMED.
MONACO, C.J., GRIFFIN and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grosvenor v. State (Fla. 5th DCA 2020)
Authorities Cited
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Kip Sterling v. State, 584 So. 2d 626 (Fla. 2d DCA 1991)
- Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)
- Taylor v. State, 690 So. 2d 686 (Fla. 5th DCA 1997)