FRANK ROBERTS, III, APPELLANT,
v.
STATE OF FLORIDA, 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.
Frank Roberts III appealed the denial of his motion to correct an illegal sentence in an aggravated battery case. The court held that once a trial court imposed a mandatory 25-year minimum sentence under Florida's 10/20/Life statute (which enhanced the offense to first-degree felony), the total sentence could not exceed 30 years—the statutory maximum for first-degree felonies—and therefore the consecutive 10-year probation term was improper and must be stricken.
No. Once the trial court imposed the minimum mandatory 25-year sentence under section 775.087, the total sentence could not exceed 30 years, which is the statutory maximum for first-degree felonies. Therefore, the consecutive probation term must be stricken.
[1] A sentence exceeding the statutory maximum for a felony, even with a mandatory minimum, is illegal.
[2] When a trial court imposes a mandatory minimum sentence within the statutory range, it cannot exceed the statutory maximum penalty for the offense.
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“once the trial court imposed the minimum mandatory sentence of twenty-five years under section 775.087, the total sentence could not exceed thirty years, which is the statutory maximum sentence for first-degree felonies under section 775.082(3)(b), Florida Statutes (2006)”
Establishes the core holding regarding the interaction between mandatory minimums and statutory maximums
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRoberts was convicted of aggravated battery and the jury found he used a firearm to inflict great bodily injury. The offense was enhanced from second-…
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 Firearm Enhancement cases and more on FLexlaw
Appellant appeals the denial of his Motion to Correct Illegal Sentence filed pursuant to rule 3.8Ó0, Florida Rules of Criminal Procedure. Appellant was convicted of aggravated battery, and the jury found that he used a firearm to inflict great bodily injury on the victim. The offense was enhanced from a second-degree felony to a first-degree felony based on the use of the firearm, pursuant to section 775.087, Florida Statutes (2006) (the 10/20/Life statute). Appellant was sentenced to thirty years in prison with a twenty-five year minimum mandatory sentence. He was also sentenced to a consecutive period of ten years of probation. ,
Appellant argues that once the trial court imposed the minimum mandatory sentence of twenty-five years under section 775.087, the total sentence could not exceed thirty years, which is the statutory maximum sentence for first-degree felonies under section 775.082(3)(b), Florida Statutes (2006). Appellant, therefore, contends that the probationary sentence should be stricken. Appellant is correct, and the State concedes the sentencing error, acknowledging that the probationary term should be stricken. See Wooden v. State, 42 So.3d 837 (Fla. 5th DCA 2010) (holding that after the trial court reclassified the second-degree felony to a first-degree felony based on the use of a firearm and imposed the minimum mandatory sentence of twenty-five years under section 775.087, it was improper to impose a sentence that exceeded the thirty-year statutory maximum penalty for first-degree felonies under section 775.082(3)(b)), review denied, 51 So.3d 466 (Fla.2010); Brown v. State, 983 So.2d 706 (Fla. 5th DCA 2008) (holding that after defendant’s second-degree felony was reclassified to a first-degree felony and a twenty-five year minimum mandatory sentence imposed pursuant to section 775.087, defendant could not receive a sentence exceeding the thirty-year statutory maximum for first-degree felonies). We, therefore, reverse the order denying Appellant’s motion and remand this case with instructions to the trial court to strike the probationary term from the sentence.
REVERSED and REMANDED with instructions.
SAWAYA, ORFINGER, and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cortez Hatten v. State, 203 So. 3d 142 (Fla. 2016)…st degree felony under section 775.082(3)(b). The twenty-five year to life minimum mandatory range under section 775.087(2)(a)(3) does not create a new statutory maximum penalty of life imprisonment.”) (citation omitted); see also Roberts v. State, [158 So. 3d 618 (Fla. 5th DCA 2013)]; McLeod v. State, 52 So. 3d 784, 786 (Fla. 5th DCA 2010). . The offense was reclassified as a first-degree felony under section 775.087(l)(b), Florida Statutes, because the jury found that Hatten actually possessed and discharg…
-
Darrias Smith v. State, 262 So. 3d 852 (Fla. 5th DCA 2018)
Authorities Cited
- Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010)
- Walker v. Walker, 983 So. 2d 706 (Fla. 5th DCA 2008)
- Rotta v. Rotta, 51 So. 3d 466 (Fla. 2010)