TROY SINGLETON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2017-05-17
No. 3D17-620
Before LAGOA, SCALES and LUCK, JJ.
219 So. 3d 233 Florida District Court of Appeal, Third District (2017) Positive Treatment
Cited by 1 case

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Synopsis

Troy Singleton appeals the denial of his motion to correct an allegedly illegal 30-year habitual felony offender sentence for burglary, arguing the trial court believed it lacked discretion to impose a lower sentence. The appellate court treats the appeal as a habeas corpus petition and denies relief, finding the sentence is not illegal under Rule 3.800(a) and that the trial court clearly understood and exercised its sentencing discretion.


Holding

The sentence is not illegal under Rule 3.800(a) because it is not the type of punishment no judge under the entire sentencing statutes could possibly inflict. Furthermore, the sentencing transcript demonstrates the trial court understood its discretion and actively considered Singleton's request for a lower sentence before rejecting it.


Headnotes

[1] A sentence is not illegal for purposes of Florida Rule of Criminal Procedure 3.800(a) if it imposes a type of punishment that a judge could possibly inflict under the sen…

[2] An appellate court may treat an appeal from a denial of a motion to correct an illegal sentence as a petition for writ of habeas corpus if the proper remedy is sought and…

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Key Quotes

“a sentence is illegal if it imposes the kind of punishment no judge under entire body of sentencing statutes could possibly inflict under any set of factual circumstances.”

Establishes the legal standard for determining whether a sentence is illegal under Rule 3.800(a)

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Facts & Procedural History

Singleton was convicted and sentenced as a habitual felony offender to thirty years imprisonment for burglary. He filed a motion to correct illegal se…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Troy Singleton appeals the trial court’s denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Singleton contends here, as he did before the trial court, that his thirty year habitual felony offender sentence for burglary was illegal because the trial court believed it did not have discretion to sentence him below the statutory maximum. Because Singleton qualified as a habitual felony offender, the thirty year sentence cannot technically be illegal for Rule 3.800(a) purposes as it is not the kind of punishment no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances. See Johnson v. State, 9 So.3d 640, 640-41 & n.3 (Fla. 4th DCA 2009) (“Technically the sentence is not an illegal sentence. ... [A] sentence is illegal if it imposes the kind of punishment no judge under entire body of sentencing statutes could possibly inflict under any set of factual circumstances.”) (citing Carter v. State, 786 So.2d 1173, 1180-81 (Fla. 2001)). We, therefore, treat Singleton’s *234appeal as a petition for writ of habeas corpus, and deny it. See id. at 641 (“[W]e treat this appeal as a petition for a writ of habeas corpus and grant the petition to prevent a manifest injustice.”); see also Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought .... ”). As the trial court explained in its thorough order, “there is nothing in the record to support [Singleton’s] contention that the sentencing court believed it had no option other than to sentence the Defendant to thirty years in prison.” We, too, have reviewed' the sentencing transcript and agree that the trial court understood it had discretion and considered (and rejected) Singleton’s plea for a lower sentence. For these reasons, Singleton’s petition is denied.

Petition denied.


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Citator

Cited By

  • Richardson v. State (Fla. 5th DCA 2023)
    …eeking habeas corpus relief directed to this court. Richardson essentially argues that we should correct what he believes were earlier failures by this court in not granting him relief from these alleged sentencing errors. See Singleton v. State, 219 So. 3d 233, 233–34 (Fla. 3d DCA 2017) (affirming the denial of the defendant’s rule 3.800(a) motion to correct illegal sentence asserting that the trial court erred in believing it lacked discretion when sentencing the defendant, a habitual felony offender, to…

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