DAVID PACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Pack's sentence of three years to life for armed robbery was illegal under 1977 Florida law, which required a minimum of six months for indeterminate sentences; the court reversed and remanded for resentencing to six months to life.
An indeterminate sentence for armed robbery must comply with section 921.18, Florida Statutes (1977), which requires a minimum of six months' imprisonment.
[1] An indeterminate sentence imposed under section 921.18, Florida Statutes (1977), for armed robbery must include a minimum term of at least six months' imprisonment.
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Join FLexlaw to unlock all legal intelligenceDavid Pack was convicted of armed robbery with a firearm in 1978 and sentenced to an indeterminate term of three years to life imprisonment.…
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On November 13, 1978, David Pack was charged with armed robbery with a firearm. He was tried by jury and found guilty as charged, and the trial court sentenced him to an indeterminate period of three years to life imprisonment. Pack appealed, and this court affirmed his judgment and sentence without written opinion. See Pack v. State, 375 So.2d 915 (Fla. 2d DCA 1979) (table decision).
On September 23, 2013, Pack filed a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a), contending that his sentence is illegal because the only lawful indeterminate sentence under section 921.18, Florida Statutes (1977), required a minimum of six months’ imprisonment. See Cox v. State, 344 So.2d 1324, 1325 (Fla. 2d DCA 1977). On appeal, the State concedes that Pack should be resentenced to an indeterminate term of imprisonment from six months to life. We agree and reverse the portion of the postconviction court’s order that summarily denies relief on this claim. We remand for resentencing to an indeterminate term of imprisonment from six months to life. Pack need not be present. See Perry v. State, 347 So.2d 1093, 1093 (Fla. 2d DCA 1977); Lee v. State, 404 So.2d 860, 860 (Fla. 1st DCA 1981).
The postconviction court’s order is affirmed in all other respects.
Affirmed in part, reversed in part, and remanded.
VILLANTI, CRENSHAW, and BLACK, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peterson v. State (Fla. 2d DCA 2023)…ison for the armed robbery convictions and six months to five years in prison for the aggravated assault conviction pursuant to section 921.18, each with a three-year mandatory minimum term imposed pursuant to section 775.087(2). See Pack v. State, 161 So. 3d 589, 589 (Fla. 2d DCA 2014); Cox v. State, 344 So. 2d 1324, 1325 (Fla. 2d DCA 1977). Affirmed in part, reversed in part, and remanded. VILLANTI, KHOUZAM, and LABRIT, JJ., Concur. Opinion subject to revision prior to official publication.…
Authorities Cited
- Perry v. State, 347 So. 2d 1093 (Fla. 2d DCA 1977)
- Sammie Lee COX v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977)
- LEE v. State, 404 So. 2d 860 (Fla. 1st DCA 1981)