CALVIN JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant serving a life sentence is not entitled to a tentative release date and that such a claim is not cognizable in a Rule 3.800(a) motion.
[1] A claim that a sentence is illegal due to the inability to obtain a tentative release date is not cognizable in a Rule 3.800(a) motion to correct illegal sentence.
[2] An illegal sentence, for purposes of Rule 3.800(a), must be one that no judge under the entire body of sentencing laws could possibly impose.
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Join FLexlaw to unlock all legal intelligenceCalvin Jackson, serving life sentences as a habitual felony offender, filed a motion to correct an illegal sentence. He argued his sentences were ille…
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Calvin Jackson appeals the denial of his Rule 3.800(a) motion to correct illegal sentence in two cases. We affirm because the claim is not cognizable in a Rule 3.800(a) motion and is without merit.
Jackson is serving life sentences in these cases as a habitual felony offender. He contends that his life sentences are illegal because the lack of a term of years prevents the Department of Corrections from establishing a “tentative release date” for purposes of conditional release supervision under section 947.1405, Florida Statutes (1991).
An illegal sentence that can be corrected at any time under Rule 3.800(a) “must be one that no judge under the entire body of sentencing laws could possibly impose.” Wright v. State, 911 So.2d 81, 83 (Fla.2005) (citing Carter v. State, 786 So.2d 1173, 1178 (Fla.2001)). Jackson does not establish that his life sentence is illegal within the meaning of this rule.
Further, the claim lacks merit. Because Jackson is serving a life sentence, and not a term of years, he is not entitled to a tentative release date. See Tal-Mason v. State, 700 So.2d 453, 455-56 (Fla. 4th DCA 1997). Section 944.275(3)(a) provides: “The department shall also establish for each prisoner sentenced to a term of years a ‘tentative release date’ which shall be the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited as described in this section.” (emphasis added). Simply stated, a defendant serving a life sentence does not qualify for conditional release, that is, early release due to gain time. Conionilli v. State, 58 So.3d 380, 381 n. 1 (Fla. 2d DCA 2011); see also Wemett v. State, 567 So.2d 882, 884 (Fla.1990) (stating “nor does guidelines sentencing allow Wemett to benefit from gain-time while serving a life sentence”).
Jackson’s claim that his inability to obtain early release pursuant to the gain time statute is unconstitutional cannot be raised in a Rule 3.800(a) motion. Thomas v. State, 778 So.2d 429, 430 (Fla. 5th DCA 2001).
Affirmed.
WARNER, CIKLIN and LEVINE, JJ., concur.
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Garrick John v. Crews, 149 So. 3d 149 (Fla. 1st DCA 2014)…ests in this case because appellant is serving a life sentence. Inmates serving life sentences are ineligible for gain-time. See Clines v. State, 912 So. 2d 550, 559 n. 5 (Fla.2005); Wemett v. State, 567 So. 2d 882, 884 (Fla.1990); Jackson v. State, 96 So. 3d 980, 981 (Fla. 4th DCA 2012); Smith v. McNeil, 49 So. 3d 298, 299 (Fla. 1st DCA 2010); Lewis v. State, 625 So. 2d 102, 103 (Fla. 1st DCA 1993); Burdick v. State, 584 So. 2d 1035,1037 (Fla. 1st DCA 1991) (en banc), approved in part and quashed in part, 5…
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Seme v. State (Fla. 3d DCA 2023)
Authorities Cited
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Wemett v. State, 567 So. 2d 882 (Fla. 1990)
- Wright v. State, 911 So. 2d 81 (Fla. 2005)
- Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001)
- Tal-Mason v. State, 700 So. 2d 453 (Fla. 4th DCA 1997)
- Conionilli v. State, 58 So. 3d 380 (Fla. 2d DCA 2011)