JOSEPH CALANDRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's sentence for first-degree murder was not illegal and did not require correction.
The defendant, convicted of first-degree murder in 1992, sought to correct his sentence of life without parole for 25 years. He argued for a sentence …
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Joseph Calandra (Defendant) appeals the denial of his rule 3.800(a) motion. We affirm.
For a first degree murder committed in 1992, Defendant was sentenced to prison “For a term of Natural Life without possibility of parole for 25 years.” He filed a rule 3.800(a) motion to correct illegal sentence, which the trial court denied, claiming the foregoing sentence was illegal and asking instead to be resentenced to “life in prison with twenty five years minimum mandatory with the possibility of parole.” However, that sentence is functionally the same as his current sentence. After Defendant has served twenty-five years, he will become eligible for parole. See § 775.082(1), Fla. Stat. (1991) (providing that “[a] person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole”).1 Therefore, no correction is necessary.
Affirmed.
GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.
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Brown v. State, 241 So. 3d 800 (Fla. 2d DCA 2018)
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Forney v. State, 254 So. 3d 935 (Fla. 2d DCA 2018)…a. 2d DCA 2008); Johnson v. State, 973 So. 2d 1192 (Fla. 2d DCA 2008); Burttram v. State, 846 So. 2d 1201 (Fla. 2d DCA 2003); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Calandra v. State, 64 So. 3d 156 (Fla. 4th DCA 2011); Clayton v. State, 904 So. 2d 660 (Fla. 5th DCA 2005); Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000). CASANUEVA, LUCAS, and BADALAMENTI, JJ., Concur.…
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Delmar Castleberry v. State, 253 So. 3d 557 (Fla. 2d DCA 2018)
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