JOHN KEVIN HOLT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE:
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John Kevin Holt appeals the denial of his motion to correct illegal sentences for four felony sexual offenses involving a child victim. The Fourth District Court of Appeal finds that the sentences imposed on two counts violated Florida law by either imposing an unauthorized sentence or exceeding applicable sentencing guidelines.
The sentences for counts 1 and 2 are illegal. The sentence of 'natural life' for count 1 does not conform to the statutory sentence required in 1992 when the crime was classified as a capital felony punishable by life imprisonment with a minimum mandatory sentence of twenty-five years. The fifteen-year sentence for count 2 exceeds the 1992 sentencing guideline, and because no reasons were given for an upward departure, the sentence must be within the guideline.
[1] A sentence of "natural life" is not permissible when the statutory penalty for the offense is life imprisonment with a minimum mandatory sentence of twenty-five years.
[2] When the time period for an offense straddles different sentencing guidelines, the defendant is entitled to the benefit of the most lenient sentencing guideline.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In 1992, the crime was classified as a 'capital felony' punishable by life imprisonment with a minimum mandatory sentence of twenty-five years before becoming eligible for parole. Thus, a sentence to a term of 'natural life' does not conform to the statutory sentence.”
Establishes that the 'natural life' sentence imposed for count 1 violated the statutory requirements in effect when the crime was committed
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Join FLexlaw to unlock all legal intelligenceHolt was convicted after a jury trial of four felony sexual offenses involving a child victim. Count 1 involved sexual battery on a child under twelve…
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John Kevin Holt (Holt) appeals the denial of his motion to correct illegal sentences filed under Florida Rule of Criminal Procedure 3.800(a). After a jury trial, Holt was convicted and sentenced on four felony sexual offenses involving a child victim. On initial appeal, this court sent the case back for resentencing on all four counts. See Holt v. State, 38 So.3d 811 (Fla. 4th DCA 2010). After the resentencing, Holt filed the motion to correct illegal sentences as to three counts, but on appeal Holt addresses counts 1 and 2 only. The court did not enter an order on the motion, thus the motion is deemed denied. The state agrees on appeal there is error in the sentences for counts 1 and 2.
Count 1 charged Holt with sexual battery on a child under twelve years of age by a person eighteen years of age or older in violation of section 794.011(2), Florida Statutes (Supp.1992). The amended information alleged the offense occurred between October 26, 1992, and October 25, 2001. On resentencing, the court imposed a sentence of imprisonment for a term of “natural life.” In 1992, the crime was classified as a “capital felony” punishable by life imprisonment with a minimum mandatory sentence of twenty-five years before becoming eligible for parole. Thus, a sentence to a term of “natural life” does not conform to the statutory sentence.
Count 2 charged Holt with a lewd act on a child under sixteen years of age in violation of section 794.011(2), Florida Statutes. The amended information alleged the offense occurred between October 26, 1992, and October 1, 1999. The jury was not asked by its verdict to decide when the offense occurred. The time period of the offense straddles more than one sentencing guideline. Where the time period for the offense straddles different sentencing guidelines, the defendant is entitled to the benefit of the most lenient sentencing guideline. Scott v. State, 958 So.2d 596 (Fla. 4th DCA 2007); Glynn v. State, 868 So.2d 1280 (Fla. 4th DCA 2004). In this situation, the most lenient sentencing guideline is the 1992 guideline. The fifteen-year sentence imposed at resentencing for count 2 exceeds the 1992 guideline. As the trial court gave no reasons for an upward departure sentence, on remand for further resentencing the trial court must impose a sentence within the guideline. Brown v. State, 593 So.2d 1042 (Fla.1992); Pope v. State, 561 So.2d 554 (Fla.1990).
We therefore reverse this case for re-sentencing on counts 1 and 2 in conformity with this opinion.
TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stukel v. State, 251 So. 3d 193 (Fla. 4th DCA 2018)…State, 16 So. 3d 244 (Fla. 4th DCA 2009). We reject the state’s argument that there was no sentencing disparity here because there is no difference in this case between a statutory “life” sentence and a “natural life” sentence. See Holt v. State, 82 So. 3d 898, - 2 - 899 (Fla. 4th DCA 2011) (recognizing that a sentence to natural life did not conform to the statutory sentence of life in prison with a 25-year mandatory minimum). On remand, if appellant refiles the rule 3.800(a) motion, he is also entitl…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Glynn v. State, 868 So. 2d 1280 (Fla. 4th DCA 2004)
- Holt v. State, 33 So. 3d 811 (Fla. 4th DCA 2010)
- Brown v. State, 593 So. 2d 1042 (Fla. 1992)
- Terence M. Scott v. State, 958 So. 2d 596 (Fla. 4th DCA 2007)