LEONARD PITTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Leonard Pitts appeals his first-degree murder conviction and sentence. The court affirmed the conviction but reversed the sentencing, holding that the trial court misapprehended its discretion under Florida's 10/20/Life statute by imposing a life mandatory minimum when it could have imposed a 25-year mandatory minimum concurrent with the underlying life sentence.
Yes, the trial court had discretion to impose a 25-year mandatory minimum concurrent with the life sentence under the 10/20/Life statute. Although the 25-year minimum would be overshadowed by the life sentence, section 775.087(2)(c) requires the 10/20/Life mandatory minimum to be imposed concurrently even when another statutory sentence is greater.
[1] Unpreserved evidentiary issues do not rise to the level of fundamental error or demonstrate ineffective assistance of counsel on the face of the record.
[2] A trial court misapprehends its sentencing discretion when it erroneously believes it lacks the authority to impose a mandatory minimum sentence within the statutory rang…
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Join FLexlaw to unlock all legal intelligence“under section 775.087(2)(a)(3), the trial court has discretion to impose a mandatory minimum within the range of twenty-five years to life.”
Establishes that the trial court had discretionary authority to choose any sentence within the statutory range of 25 years to life.
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Join FLexlaw to unlock all legal intelligencePitts was convicted of first-degree murder with a firearm. At sentencing, the trial court initially stated it would impose life in prison with a manda…
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Appellant, Leonard Pitts, appeals his conviction and sentence for first degree murder with a firearm. We affirm appellant’s conviction, concluding that the un-preserved evidentiary issues do not rise to the level of fundamental error and do not demonstrate ineffective assistance of counsel on the face of the record. However, because the trial court misapprehended its sentencing discretion, we reverse and remand for resentencing.
At sentencing, the trial court initially stated that appellant would be sentenced to life in prison, with a mandatory minimum of 25 years under the 10/20/Life statute. However, based upon the prosecutor’s representation that the mandatory minimum sentence under the 10/20/Life statute had to be coextensive with the underlying sentence, the trial court ultimately sentenced appellant to life in prison, with a mandatory minimum term of life under the 10/20/Life statute.1
Appellant filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), arguing that the trial court misapprehended its sentencing discretion and was not required to impose a mandatory minimum sentence of life in prison under section 775,087(2)(a)3, Flori*884da Statutes (2011). The trial court denied the motion.
On appeal, appellant again argues that the trial court erroneously believed it did not have discretion to sentence him to a mandatory minimum term of less than life in prison under the 10/20/Life statute. We agree.
The standard of review applicable to a trial court’s order on a motion to correct sentencing error is de novo. Willard v. State, 22 So.3d 864, 864 (Fla. 4th DCA 2009).
Resentencing is warranted where the defendant received a legal sentence, but the trial court misapprehended its sentencing discretion under the relevant statutes. See, e.g., Colletta v. State, 126 So.3d 1090, 1091 (Fla. 4th DCA 2012) (“[T]his court has remanded for resentencing where the defendant received a legal sentence but the trial court failed to exercise the discretion it had under the statutes.”).
Here, the issue is not whether the trial court imposed a legal sentence. Appellant’s sentence of life in prison for first degree murder, with a minimum mandatory of life under the 10/20/Life statute, was undoubtedly a legal sentence. See Graham v. State, 160 So.3d 108, 109 (Fla, 4th DCA 2016); Clowers v. State, 31 So.3d 962, 966 (Fla. 1st DCA 2010).
Rather, the issue is whether the trial court had the discretion to impose a mandatory minimum sentence of 25 years in prison under the 10/20/Life statute, even though appellant was receiving a mandatory life sentence under section 775.082(1), Florida Statutes (2011). Although this issue is largely academic in terms of the practical effect on appellant’s liberty, a careful review of the 10/20/Life statute confirms that the trial court could have sentenced appellant to life in prison, with a 25-year mandatory minimum sentence pursuant to the 10/20/Life statute.
Section 775.087(2)(a), Florida Statutes (2011), commonly known as the 10/20/Life statute, sets forth the minimum penalties for defendants convicted of enumerated offenses where the defendant has possessed or discharged a firearm.
If, during the course of the commission of an enumerated felony for which a person is later convicted, the- convicted person discharged a firearm “and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.” § 775.087(2)(a)3., Fla. Stat. (2011) (emphasis added). Stated another way, “under section 775.087(2)(a)(3), the trial court has discretion to impose a mandatory minimum within the range of twenty-five years to life.” Mendenhall v. State, 48 So.3d 740, 750 (Fla.2010).
Moreover, the plain language of section 775.087(2)(c) states: “If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.” § 775.087(2)(c), Fla. Stat. (2011).
Accordingly, the 10/20/Life statute “cleaiiy expresses the Legislature’s intent” that a 10/20/Life sentence “be imposed concurrently even where another statutory sentence is greater.” McDonald v. State, 957 So.2d 605, 610 (Fla.2007) (emphasis added).
Contrary to the State’s argument, the 10/20/Life statute specifically authorizes a *885trial court to impose a mandatory minimum sentence under the 10/20/Life statute that is less than the mandatory minimum sentence otherwise required by another sentencing statute. In this case, because appellant was convicted of a capital offense and did not receive the death penalty, the trial court was required to sentence appellant to life imprisonment without the possibility of parole. See § 775.082(1), Fla. Stat. (2011). But the trial court was also required to impose a concurrent mandatory minimum sentence under the 10/20/Life statute, even if the 10/20/Life sentence was less than the sentence to be imposed under section 775.082(1). Here, the 10/20/Life statute authorized the trial court to sentence appellant within the range of 25 years to life under section 775.087(2)(a)3. Thus, while the trial court was required to sentence appellant to life in prison under section 775.082(1), the trial court had the discretion to impose a 25-year sentence as the concurrent mandatory minimum sentence under the 10/20/Life statute. ■ ■ ; ■ '
In sum, because the trial court erroneously believed it did not have discretion to sentence appellant to a mandatory minimum term of less than life in prison under the 10/20/Life statute, we reverse and remand for resentencing.
Affirmed in part, Reversed in part, and Remanded.
WARNER and GROSS, JJ., concur.
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Burks v. State, 237 So. 3d 1060 (Fla. 3d DCA 2017)…), to sentence Burks concurrently under the 10/20/Life statute, notwithstanding his sentence as a prison releasee reoffender under section 775.082(9)(a)(3)(a). The trial court's failure to do so rendered Burks's sentence illegal. Cf. Pitts v. State, 202 So. 3d 882, 885 (Fla. 4th DCA 2016) (stating that where trial court was required to sentence defendant to life imprisonment under section 775.082(1), the trial court was also required to impose a concurrent mandatory minimum sentence within the range of twenty…
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Sols v. State, 310 So. 3d 422 (Fla. 4th DCA 2021)…he motion within sixty days and it was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). This proceeding followed. “The standard of review applicable to a trial court’s order on a motion to correct sentencing error is de novo.” Pitts v. State, 202 So. 3d 882, 884 (Fla. 4th DCA 2016). Second-degree murder is a felony of the first degree, which is “punishable by imprisonment for a term of years not exceeding life.” § 782.04(2), Fla. Stat. (2018). Second-degree murder is reclassified from a first-degree…
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Lillard v. State (Fla. 4th DCA 2024)…entencing errors. We affirm but remand for the correction of certain omissions and one error in the written judgment. “The standard of review applicable to a trial court’s order on a motion to correct sentencing error is de novo.” Pitts v. State, 202 So. 3d 882, 884 (Fla. 4th DCA 2016). First, the trial court erred by failing to make written findings as to whether or not Lillard poses a danger to the community as required by section 948.06(8)(e), Florida Statutes (2008). Lillard concedes that he qualifie…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 957 So. 2d 605 (Fla. 2007)
- Corey v. Corey, 48 So. 3d 740 (Fla. 2010)
- Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)
- Willard v. State, 22 So. 3d 864 (Fla. 4th DCA 2009)
- Wiley v. State, 125 So. 3d 235 (Fla. 4th DCA 2013)
- Colletta v. State, 126 So. 3d 1090 (Fla. 4th DCA 2012)
- Clowers v. State, 31 So. 3d 962 (Fla. 1st DCA 2010)
- Graham v. State, 160 So. 3d 108 (Fla. 4th DCA 2015)