DERRICK JERMAINE KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Knight appeals the trial court's denial of his post-conviction motion challenging the consecutive sentencing of his manslaughter and aggravated battery convictions. The court affirmed, holding that a standard sentence and an enhanced mandatory minimum sentence may run consecutively, and issued an order to show cause regarding Knight's pattern of repeated filings.
The court held that a standard sentence and an enhanced mandatory minimum sentence may be imposed consecutively. The trial court did not err in ordering the sentences to run consecutively.
[1] A standard sentence and an enhanced sentence may be imposed consecutively.
[2] A court may issue an order to show cause why a pro se litigant should not be prohibited from filing further pleadings if the litigant has a history of numerous frivolous…
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Join FLexlaw to unlock all legal intelligence“a standard sentence and an enhanced sentence may be imposed consecutively”
Establishes the core legal holding regarding the permissibility of consecutive sentencing when one sentence is enhanced
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Join FLexlaw to unlock all legal intelligenceIn 2007, a jury convicted Knight of manslaughter, aggravated battery, shooting a deadly missile into a vehicle, possession of cocaine, and possession …
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Derrick Jermaine Knight appeals from an order, dated May 14, 2014, that denied his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.800. We affirm the trial court’s decision and issue an order to show cause as described below.
In 2007, a jury convicted Knight for manslaughter, aggravated battery, shooting a deadly missile into a vehicle, possession of cocaine, and possession of drug paraphernalia. The trial court imposed a fifteen-year sentence for manslaughter and a twenty-five-year sentence for aggravated battery. These two sentences were to run consecutively. The sentence for aggravated battery was a minimum mandatory sentence enhanced pursuant to section 775.087(2) of the Florida Statutes (2003).
Knight contends, both below and on appeal to this Court, that the trial judge erred in ordering Knight’s sentences for manslaughter and aggravated battery to run consecutively.
In affirming the order on appeal, we adopt the reasoning of the trial court; to wit, a standard sentence and an enhanced sentence may be imposed consecutively. Hale v. State, 630 So.2d 521 (Fla. 1993); Cotto v. State, 89 So.3d 1025 (Fla. 3d DCA 2012), approved, 139 So.3d 283 (Fla.2014).
ORDER TO SHOW CAUSE
Since 2009, Knight has filed numerous petitions and appeals to this Court concerning the legality of his sentence.1 Last year, Knight filed a petition for mandamus related to the 3.800 motion that is the subject of this appeal. Knight v. State, No. 3D14-0986, 2014 WL 2626635 (Fla. 3d DCA May 21, 2014).
Knight is hereby directed to show cause, within thirty days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, petitions, motions or other pleadings related to his criminal conviction in circuit court case number 03-28569.
If Knight does not demonstrate good cause, we will direct the Clerk of this Court not to accept any such filings unless they have been reviewed by and bear the signature of an attorney who is licensed by and in good standing with the Florida Bar.
Additionally, and absent a showing of good cause, any such further and unauthorized filings by Knight will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its *945consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2014).
Affirmed. Order to show cause issued.
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Pierre v. State (Fla. 3d DCA 2023)…ely with an unenhanced sentences arising from the same criminal episode); Pinkard v. State, 185 So. 3d 1289, 1290 (Fla. 5th DCA 2016) (defendant sentenced to serve two enhanced sentences concurrently, and a third unenhanced 6 In Knight v. State, 159 So. 3d 943 (Fla. 3d DCA 2015) the trial court imposed an unenhanced sentence of fifteen years for manslaughter (a second-degree felony) followed by an enhanced sentence of twenty-five years for aggravated battery (a second-degree felony) enhanced pursuant to t…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Cotto v. State, 139 So. 3d 283 (Fla. 2014)
- Cotto v. State, 89 So. 3d 1025 (Fla. 3d DCA 2012)
- Knight v. State, 126 So. 3d 258 (Fla. 3d DCA 2009)
- L.A. Sports BAR & Grill, Inc. v. J & J Sports Prods., Inc., 54 So. 3d 630 (Fla. 3d DCA 2011)
- Knight v. State, 54 So. 3d 630 (Fla. 3d DCA 2011)
- Knight v. State, 114 So. 3d 351 (Fla. 3d DCA 2013)
- State v. I.M., 114 So. 3d 351 (Fla. 3d DCA 2013)