JOSEPH GANDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gandy appeals the trial court's denial of his motion to correct an illegal sentence under Florida Rule 3.800(a), which challenged consecutive prison releasee reoffender (PRR) sentences imposed on two counts. The court affirmed the denial and the imposition of sanctions for frivolous filing, holding that consecutive PRR sentences are not illegal even if offenses arose from the same criminal episode.
Consecutive PRR sentences are not illegal even if the offenses arose from the same criminal episode. The trial court did not abuse its discretion in imposing sanctions under State v. Spencer because the claim was procedurally barred as it had been previously raised and rejected at sentencing in 2006. Moreover, the burglaries of two separate residences belonging to separate victims constituted two distinct criminal episodes, not a single episode.
[1] Consecutive prison releasee reoffender (PRR) sentences are not illegal, even if the offenses arose from the same criminal episode.
[2] A claim that consecutive PRR sentences are illegal is procedurally barred when the issue was previously argued and rejected at sentencing.
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Join FLexlaw to unlock all legal intelligence“Consecutive PRR sentences are not illegal even if the offenses arose from the same criminal episode.”
Establishes the primary legal holding that consecutive prison releasee reoffender sentences are permissible regardless of whether the underlying offenses stem from a single criminal episode.
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Join FLexlaw to unlock all legal intelligenceGandy was sentenced to consecutive PRR sentences on counts I and II for burglaries of two separate residences belonging to separate victims. He filed …
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We affirm the trial court’s order denying appellant’s rule 3.800(a) motion to correct *624illegal sentence and the order imposing sanctions for frivolous filing. Appellant’s rule 3.800(a) motion alleged illegal consecutive prison releasee reoffender (PRR) sentences on counts I and II. Consecutive PRR sentences are not illegal evén if the offenses arose from the same criminal episode. State v. Mosley, 149 So.3d 684, 684 (Fla.2014); Claycomb v. State, 142 So.3d 916, 917 (Fla. 4th DCA) (recognizing that Philmore v. State, 760 So.2d 239 (Fla. 4th DCA 2000), has been overruled), review denied, No. SC14-1397, 2014 WL 7444595 (Fla. Dec. 29, 2014).
Appellant has not demonstrated that the trial court abused its discretion in imposing sanctions pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). Appellant acknowledged in his motion that this issue was argued at sentencing in 2006 and was rejected. The claim is procedurally barred. Even before Mosley, this claim was without merit. Appellant’s burglaries of two separate residences belonging to separate victims were clearly separate criminal episodes. See Reeves v. State, 957 So.2d 625, 628 (Fla.2007) (concluding that offenses committed at two separate locations occurred in two distinct episodes); Hartman v. State, 92 So.3d 893, 895 (Fla. 5th DCA 2012) (explaining that the standard for determining whether offenses may be tried together is different from whether offenses occurred in the same criminal episode). The record shows that appellant raised this same issue in a habe-as corpus petition, which the trial court denied in a detailed order dated December 5, 2011.
Affirmed.
STEVENSON, TAYLOR and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McINTYRE v. State, 210 So. 3d 71 (Fla. 2d DCA 2016)
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Reeves v. State, 957 So. 2d 625 (Fla. 2007)
- Lenard Philmore v. State, 760 So. 2d 239 (Fla. 4th DCA 2000)
- State v. Mosley, 149 So. 3d 684 (Fla. 2014)
- Claycomb v. State, 142 So. 3d 916 (Fla. 4th DCA 2014)
- Hartman v. State, 92 So. 3d 893 (Fla. 5th DCA 2012)