RANDY ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2017-08-28
No. CASE NO. 1D17-1277
OSTERHAUS and WINSOR, JJ., CONCUR.
232 So. 3d 1056 Florida District Court of Appeal, First District (2017) Positive Treatment
Cited by 1 case


Opinion of the Court
B.L. THOMAS, C.J.

B.L. THOMAS, C.J.

Appellant appeals the trial court’s denial of his rule 3.800(a) motion asserting that his 25-year minimum-mandatory sentence, imposed for a conviction of trafficking in between 28 grams and 30 kilograms of hydrocodone, section 893.135(l)(c)l.c., Florida Statutes (2014), is illegal. Appellant argues that in 2014 the Florida Legislature passed chapter 14-176, section 1, Laws of Florida, which reduced the minimum-mandatory sentence for. trafficking in this amount of hydrocodone. Chapter 14-176, section 1, became effective on July 1, 2014, and did in fact reduce the minimum-mandatory sentence applicable to the amount of hydrocodone charged against Appellant from 25 years to 7 years. But the State charged Appellant with committing this offense on May 28, 2014, before the effective date of the statute reducing the applicable minimum-mandatory term, and the sentence to be imposed must conform to the statute in effect at the time a defendant commits his offense. See generally Davis v. State, 892 So.2d 518, 519-20 (Fla. 1st DCA 2004) (discussing that Article X, section 9, of the Florida Constitution states that “jrjepeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed”). Appellant’s -25-year minimum-mandatory sentence is therefore legal.

AFFIRMED.

OSTERHAUS and WINSOR, JJ., CONCUR.


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