JOSE MARTINEZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Martinez challenges his 10-year mandatory minimum sentence imposed for armed robbery, arguing the information charging him with 'carrying' a firearm rather than 'actually possessing' one violated his due process right to notice of enhanced punishment. The Florida Supreme Court affirmed the lower courts' rejection of his Rule 3.800(a) motion, holding that procedural defects in charging documents are not cognizable as illegal sentences under that rule.
No. The alleged charging defect does not constitute an illegal sentence correctable under Rule 3.800(a). A sentence is 'illegal' under Rule 3.800(a) only when it is one no judge could possibly impose under sentencing law—such as exceeding statutory maximums or lacking requisite statutory criteria. Procedural deficiencies in notice, even implicating due process, are not cognizable in Rule 3.800(a) motions.
[1] A sentence is illegal and subject to correction under Florida Rule of Criminal Procedure 3.800(a) only if no judge under the entire body of sentencing laws could possibly…
[2] A procedural defect in a charging document, which does not result in a sentence that patently fails to comport with statutory or constitutional limitations, does not cons…
Previewing 2 of 5 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“to be subject to correction under rule 3.800(a) a sentence must be 'one that no judge under the entire body of sentencing laws could possibly impose.'”
Establishes the narrow definition of 'illegal sentence' under Rule 3.800(a)—only sentences no judge could lawfully impose qualify.
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Join FLexlaw to unlock all legal intelligenceIn 2000, Martinez was charged by information with robbery with a firearm, alleged to have 'carried' the firearm. A jury found him guilty and determine…
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Jose Martinez seeks review of the decision of the Fourth District Court of Appeal in Martinez v. State, 169 So.3d 170 (Fla. 4th DCA 2015).1 For the reasons expressed below, we approve the Fourth District’s holding that the alleged defect in the charging document in this case does not constitute an illegal sentence subject to correction under Florida Rule of Criminal Procedure 3.800(a).
BACKGROUND
In 2000, Martinez was charged by information with one count of robbery with a firearm. The State alleged in the information that Martinez “carried” the firearm during the commission of the offense in violation of section 812.13(2)(a), Florida Statutes (1999).2 Following a jury trial, Martinez was found guilty as charged. In response to a special interrogatory, the jury also found that Martinez did “actually possess” a firearm during the robbery. The trial court sentenced Martinez to 25 years in prison and, based on the jury finding of actual possession, imposed a 10-year mandatory minimum sentence pursuant to section 775.087(2)(a)l., Florida Statutes (1999).3 In 2001, the Fourth District *991affirmed Martinez’s conviction and sentence on direct appeal. Martinez v. State, 801 So.2d 944 (Fla. 4th DCA 2001).
In March 2014, Martinez filed a rule 3.800(a) motion to correct illegal sentence in which he argued that his 10-year mandatory minimum sentence was illegal because the allegation in the information that he carried a firearm was not sufficient to place him on notice that he was subject to an enhanced sentence based on actual possession of a firearm. The circuit court denied the motion, and Martinez appealed. The Fourth District affirmed the denial of Martinez’s motion, holding that the alleged charging defect in this case did not “result[] in an illegal sentence subject to correction at any time under Rule 3.800(a).” Martinez, 169 So.3d at 172. The Fourth District reasoned that Martinez waived any challenge to the sufficiency of the information or the imposition of a mandatory minimum sentence because these issues were not raised at trial or on direct appeal and, therefore, Martinez could not raise them for the first time more than a decade later in a rule 3.800(a) motion. Id.
ANALYSIS
Martinez argues that his 10-year mandatory minimum sentence should be vacated because the charging document in this case did not provide him with sufficient notice of the potential punishment he faced. He contends that this alleged error constitutes the type of illegal sentence that is subject to correction under rule 3.800(a). We disagree.4
Pursuant to the rules of criminal procedure, a court may at any time correct an “illegal sentence” when the pertinent court records demonstrate on their face that a defendant is entitled to relief. Fla. R. Crim. P. 3.800(a)(1); see also Carter v. State, 786 So.2d 1173, 1176 (Fla. 2001) (“[R]ule 3.800(a) vests trial courts with the broad authority to correct an illegal sentence without imposing a time limitation on the ability of defendants to seek relief.”). “The intent of rule 3.800(a) is ‘to balance the need for finality of convictions and sentences with the goal of ensuring that criminal defendants do not serve sentences imposed contrary to the requirements of law.’ ” Plott v. State, 148 So.3d 90, 93 (Fla. 2014) (quoting Carter, 786 So.2d at 1176).
Noting that the term “illegal sentence” is not defined in the rule, we have held that to be subject to correction under rule 3.800(a) a sentence must be “one that no judge under the entire body of sentencing laws could possibly impose.” Wright v. State, 911 So.2d 81, 83 (Fla. 2005) (citing Carter, 786 So.2d at 1178). Put another way, “[a] sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal.’ ” Plott, 148 So.3d at 94 (alteration in original) (quoting State v. Mancino, 714 So.2d 429, 433 (Fla. 1998)).
We have recognized that few claims raised under rule 3.800(a) “come within the illegality contemplated by the rule.” Wright, 911 So.2d at 83. For example, in Wright, we held that a trial court’s failure to provide written reasons for retaining jurisdiction over a defendant’s sentence did not constitute an illegal sentence subject to correction under the rule. Id. at 82. We explained that while the defendant was entitled to challenge this technical sentencing error on direct appeal, he could not do so in a rule 3.800(a) motion because the *992error was not one involving “a court’s patent lack of authority or jurisdiction, a violation of the sentencing máximums provided by the Legislature, or a violation of some other fundamental right resulting in a person’s wrongful imprisonment.” Id. at 84. By comparison, we have held that a sentence that has been unconstitutionally enhanced in violation of the double jeopardy clause is illegal and, therefore, may be corrected under rule 3.800(a). Hopping v. State, 708 So.2d 263, 265 (Fla. 1998).
Here, Martinez has not demonstrated that the alleged error in the information charging him with robbery while he “carried” a firearm falls within the narrow class of sentencing errors subject to correction under rule 3.800(a). In his motion to correct illegal sentence, Martinez did not argue that the trial court lacked authority or jurisdiction to impose a 10-year mandatory minimum sentence or that his sentence exceeded the statutory maximum for armed robbery. Cf. Mancino 714 So.2d at 433 (“[A] sentence" that does not mandate credit for time served would be illegal since a trial court has no discretion to impose a sentence without crediting a defendant with time served.”); Davis v. State, 661 So.2d 1193, 1196 (Fla. 1995) (defining an illegal sentence as “one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines”). Nor did Martinez contend that he did not meet the statutory criteria needed to impose a 10-20-Life mandatory minimum sentence based on actual possession of a firearm. Cf. Saintelien, 990 So.2d at 497 (holding that rule 3.800(a) may be used to correct an allegedly erroneous sexual predator designation where it is apparent from the face of the record that the defendant did not meet the criteria for such a designation); Bover v. State, 797 So.2d 1246, 1247 (Fla. 2001) (holding that “where the requisite predicate felonies essential to qualify a defendant for habitualization do not exist as a matter of law and that error is apparent from the face of the record, rule 3.800(a) can be used to correct the resulting habitual offender sentence”).
Instead, Martinez challenged the procedure that led to the imposition of his mandatory minimum sentence by arguing that he was deprived of his due process right to notice of the potential punishment he faced. Such a challenge, however, is not cognizable in a rule 3.800(a) motion. In a factually similar case, the Second District held that a defendant’s allegation that he did not receive notice of the state’s intent to seek a habitual offender sentence enhancement was not the proper subject of a motion to correct illegal sentence. Judge v. State, 596 So.2d 73, 77-79 (Fla. 2d DCA 1992) (on rehearing en banc). In reaching this conclusion, the Second District explained that rule 3.800(a) “is not a vehicle designed to reexamine whether the procedure employed to impose the punishment comported with statutory law and due process” but rather it is “concerned primarily with whether the terms and conditions of the punishment for a particular offense are permissible as a matter of law.” Id. at 77; see also Bover, 797 So.2d at 1249 (approving Judge’s explanation of the scope of rule 3.800(a)); Ives v. State, 993 So.2d 117, 120 (Fla. 4th DCA 2008) (“A deficiency merely in the procedure employed, where the movant actually qualifies for an enhanced sentence, does not result in an illegal sentence.”).
Accordingly, because Martinez’s particular challenge to his sentence is not cognizable under rule 3.800(a), the Fourth District properly affirmed the denial of Martinez’s motion to correct illegal sentence.
CONCLUSION
For the reasons expressed above, we approve the Fourth District’s decision to *993affirm the denial of Martinez’s motion to correct illegal sentence on the basis that the alleged defect in the charging document in this case does not result in an illegal sentence subject to correction under rule 3.800(a).
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and CANADY, JJ., concur.
LAWSON, J., did not participate.
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Cited By (48 total)
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Sawyers v. State (Fla. 2d DCA 2026)…s scope is limited. Under a related provision, rule 3.800(a), the Florida Supreme Court has held that a defect in a charging document is not a proper basis for relief because such a defect does not render a sentence "illegal." See Martinez v. State, 211 So. 3d 989, 991–92 (Fla. 2017). Although no case has expressly interpreted rule 3.800(b) in the same manner, the court's reasoning in Jackson v. State, 983 So. 2d 562 (Fla. 2008), compels the conclusion that such a defect likewise may not be raised under that…
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Collins v. State, 266 So. 3d 170 (Fla. 2d DCA 2019)…_____________________________) Opinion filed January 4, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Mark R. Wolfe, Judge. Terry Collins, pro se. PER CURIAM. Affirmed. See Martinez v. State, 211 So. 3d 989 (Fla. 2017); Tucker v. State, 726 So. 2d 768 (Fla. 1999); Collins v. State, 174 So. 3d 1002 (Fla. 2d DCA 2015) (table decision); Collins v. State, 121 So. 3d 1043 (Fla. 2d DCA 2012) (table decision); Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 20…
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Ivory Lee Robinson v. State, 215 So. 3d 1262 (Fla. 1st DCA 2017)…ionally enhanced in violation of Apprendi and Blakely fail to comport with constitutional limitations, and consequently, the sentences are illegal under rule 3.800(a).” Plott, 148 So. 3d at 95. Recently, however, in Martinez v. State, No. SC15-1620, 211 So. 3d 989, 2017 WL 728098 (Fla. Feb. 23, 2017), the Florida Supreme Court declared that an alleged technical-defect in the charging document, which was not preserved at the trial level, does not constitute an “illegal sentence” subject to correction under Flo…1 / 2
Previewing 3 of 48 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)
- Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)
- Darin S. Hopping v. State, 708 So. 2d 263 (Fla. 1998)
- Plott v. State, 148 So. 3d 90 (Fla. 2014)
- Wright v. State, 911 So. 2d 81 (Fla. 2005)
- Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)