QUINTEN WALDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We reverse the trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence and remand for resentencing. Appellant’s forty-year sentence for attempted second degree murder with a firearm exceeds the thirty-year statutory maximum for this first-degree felony offense. Wiley v. State, — So.3d -(Fla. 4th DCA 2013); Sheppard v. State, 113 So.3d 148, 149 (Fla. 2d DCA 2013); McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); Wooden v. State, 42 So.3d 837 (Fla. 5th DCA), rev. denied, 51 So.3d 466 (Fla.2010).
Although we affirmed this claim without discussion in Walden v. State, 57 So.3d 248, 249 (Fla. 4th DCA 2011), the manifest injustice exception to the law of the case doctrine applies. See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003).
Reversed and remanded.
DAMOORGIAN, C.J., FORST and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cortez Hatten v. State, 203 So. 3d 142 (Fla. 2016)…r attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly); see also Antoine v. State, 138 So. 3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So. 3d 660, 661 (Fla. 4th DCA 2013). [N.4] Wooden v. State, 42 So. 3d 837, 837 (Fla. 5th DCA 2010) (“[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first degree fe…
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Narcisse Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014)…identical situation to the case at hand, we found a 40-year sentence for attempted second degree murder with a firearm illegal since the sentence “exceed[ed] the thirty-year statutory maximum for th[e] first-degree felony offense.” Walden v. State, 121 So. 3d 660 (Fla. 4th DCA 2013); see also Sheppard v. State, 113 So. 3d 148, 149 (Fla. 2d DCA 2013); McLeod v. State, 52 So. 3d 784, 786 (Fla. 5th DCA 2010); Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA), rev. denied, 51 So. 3d 466 (Fla.2010). In this case, An…
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Cortez Hatten v. State, 152 So. 3d 849 (Fla. 1st DCA 2014)…attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly)', see also Antoine v. State, 138 So. 3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So. 3d 660, 661 (Fla. 4th DCA 2013). .Wooden v. State, 42 So. 3d 837, 837 (Fla. 5th DCA 2010) ("[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first degree felony u…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010)
- Newton W. McLEOD v. State, 52 So. 3d 784 (Fla. 5th DCA 2010)
- Sheppard v. State, 113 So. 3d 148 (Fla. 2d DCA 2013)
- Rotta v. Rotta, 51 So. 3d 466 (Fla. 2010)
- Quinten Walden v. State, 57 So. 3d 248 (Fla. 4th DCA 2011)