RICHARD WARREN VANZILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenged a sentence of lifetime sexual offender probation following imprisonment, arguing the sentence exceeded the statutory maximum for a first-degree felony. The court affirmed the trial court's denial of the plea withdrawal motion but allowed Appellant to pursue a rule 3.850 motion to challenge the illegal sentence.
The trial court's denial of the rule 3.800(a) motion was affirmed, but Appellant may pursue a rule 3.850 motion to challenge the illegal sentence and potentially withdraw from the plea agreement. The State will then have the option to agree to resentencing or withdraw from the plea agreement and proceed to trial.
[1] A sentence exceeding the statutory maximum for a felony is illegal.
[2] A defendant cannot plead to an illegal sentence, even when arising from a negotiated plea agreement.
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“a defendant cannot plead to an illegal sentence, even when it arises from a negotiated plea agreement”
Establishes the fundamental principle that illegal sentences cannot be enforced regardless of negotiated plea status
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded to attempted sexual battery on a victim less than 12 years of age, a first-degree felony, pursuant to a negotiated plea agreement. T…
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Appellant filed a rule 3.800(a) motion to withdraw his plea to a negotiated sentence of lifetime sexual offender probation after five years’ imprisonment, imposed following a conviction for attempted sexual battery on a victim less than 12 years of age, a first-degree felony. In that motion, Appellant correctly argues that the sentence exceeds the 30-year statutory maximum for a first-degree felony per sections 775.082 and 777.04(4)(b), Florida Statutes. The trial court denied the motion and Appellant filed this appeal.
In recognition of the State’s response to this Court’s Toler 1 order, we affirm the trial court’s order on appeal without prejudice to the Appellant’s timely filing a rule 3.850 motion seeking to withdraw his plea to this sentence, if he chooses to do so. See Leavitt v. State, 810 So.2d 1032 (Fla. 1st DCA 2002) (a defendant cannot plead to an illegal sentence, even when it arises from a negotiated plea agreement); Nedd v. State, 855 So.2d 664 (Fla. 2d DCA 2003) (defendant needed to raise a claim of an illegal sentence that arose out of a negotiated plea agreement in a rule 3.850 motion because plea withdrawal was a potential consequence); Haynes v. State, 106 So.3d 481 (Fla. 5th DCA 2013) (defendant’s claim of an illegal sentence must be raised in a rule 3.850 motion because he sought to withdraw from his plea, and doing so was at his own peril because he risked a greater sentence). If a rule 3.850 motion is brought by the Appellant, the State will have the option to either agree to resentencing or to withdraw from the plea agreement and proceed to trial on the original charge. Nedd; Bruno v. State, 837 So.2d 521 (Fla. 1st DCA 2003).
As to the remaining claims, we affirm the trial court’s order of denial.
AFFIRMED.
WOLF, BILBREY, and M.K. THOMAS, JJ., concur.
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McLendon v. State, 279 So. 3d 307 (Fla. 1st DCA 2019)…proceed to trial; or Petitioner could file a motion seeking relief under rule 3.850. The order cited Bruno v. State, 837 So. 2d 521, 523 (Fla. 1st DCA 2003) (describing state’s options after a plea to an illegal sentence); and Vanzile v. State, 201 So. 3d 809 (Fla. 1st DCA 2016) (allowing pursuit of 3.850 motion after denial of 3.800(a) motion). Petitioner’s counsel then filed the present habeas petition in the direct appeal. Because habeas is an original proceeding, we opened a new case for it (c…
Authorities Cited
- Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)
- Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013)
- Nedd v. State, 855 So. 2d 664 (Fla. 2d DCA 2003)
- Bruno v. State, 837 So. 2d 521 (Fla. 1st DCA 2003)
- Kelso v. State, 810 So. 2d 1032 (Fla. 1st DCA 2002)