STATE OF FLORIDA, APPELLANT,
v.
JOSEPH PATRICK SCHUMACHER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence imposed was illegal because it failed to include the mandatory minimum four-year prison sentence required by statute for DUI manslaughter.
Appellee was convicted of DUI manslaughter and sentenced to community control and probation, rather than the mandatory minimum prison term. The State …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dui Manslaughter cases and more on FLexlaw
The State of Florida appeals from a sentence imposed on appellee, Joseph Schumacher, after his conviction for DUI manslaughter. The State asserts that the sentence is illegal because it does not include a minimum mandatory prison sentence of four years. We agree and remand for resentencing to include the minimum mandatory term.
On February 4, 2011, appellee was convicted by a jury of DUI manslaughter. The trial court conducted a sentencing hearing on April 25, 2011. The court adjudicated appellee guilty and sentenced him to two years of community control, followed by eight years of probation that included a number of special conditions. The State timely appealed.
Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment for 4 years.”
*633The legislative language is unambiguous. The sentence imposed is, therefore, illegal. See State v. Strazdins, 890 So.2d 384, 335 (Fla. 2d DCA 2004) (“When a trial court imposes a sentence that is shorter than the required mandatory minimum sentence, ‘the sentence is not within the limits prescribed by law and is properly viewed as an ‘illegal’ sentence.’” (quoting State v. R.F., 648 So.2d 293, 294 n. 1 (Fla. 3d DCA 1995))). We remand for resentencing.
REVERSED and REMANDED.
VAN NORTWICK and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Kremer, 114 So. 3d 420 (Fla. 5th DCA 2013)…even years’ probation. The State contends that the trial court reversibly erred in failing to impose the mandatory minimum four-year sentence required by statute for the defendant’s conviction for DUI manslaughter. We agree. In State v. Schumacher, 99 So. 3d 632 (Fla. 1st DCA 2012), the State appealed a sentence imposed on the defendant after his conviction for DUI manslaughter, arguing that the sentence was illegal because it did not include a four-year mandatory minimum prison sentence. The First District…
-
State v. Yeomans, 172 So. 3d 1006 (Fla. 1st DCA 2015)…nient sentence without the State’s waiver because, under section 316.193(3), Florida Statutes (2009), “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” See State v. Schumacher, 99 So. 3d 632, 633 (Fla. 1st DCA 2012) (holding sentence of two years’ community control followed by eight years’ probation for DUI manslaughter was an illegal sentence in light of four-year mandatory minimum under section 316.193(3)); see also State v. Vanderhof…
-
State v. Franziska Schroff, 103 So. 3d 225 (Fla. 1st DCA 2012)…obation. The state asserts that the trial court erred by failing to impose the statutorily required mandatory minimum prison sentence of four years. We agree and remand for resentencing to include the mandatory minimum term. See State v. Schumacher, 99 So. 3d 632 (Fla. 1st DCA 2012). REVERSED and REMANDED. DAVIS, VAN NORTWICK, and ROWE, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. R.F., 648 So. 2d 293 (Fla. 3d DCA 1995)
- PBF OF Fort Myers, Inc. v. D & K P'ship & Richard & Alison Ross, 890 So. 2d 384 (Fla. 2d DCA 2004)