ROBERT S. HAAR
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-07-09
No. 21-1213
Foxman, J., Lambert, C.J., Nardella, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A sentence of life imprisonment does not violate article I, section 17 of the Florida Constitution, which forbids indefinite terms of imprisonment.


Headnotes

[1] A sentence of life imprisonment does not constitute an indefinite term of imprisonment in violation of article I, section 17 of the Florida Constitution.

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Key Quotes

“a sentence of life imprisonment does not violate article I, section 17 of the Florida Constitution”

Court citing Ratliff v. State, 914 So. 2d 938, 940 (Fla. 2005)

Facts & Procedural History

Robert S. Haar was sentenced to life imprisonment and filed a postconviction motion under Florida Rule of Criminal Procedure 3.800(a) arguing his sent…

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Opinion of the Court
Affirmed. Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ROBERT S. HAAR,

Appellant,

v. Case No. 5D21-1213

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed July 9, 2021

3.800 Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.

Robert S. Haar, Bonifay, pro se.

No Appearance for Appellee.

PER CURIAM.

Robert S. Haar appeals the postconviction court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct what he contends is an illegal and unconstitutional sentence of life imprisonment. We affirm the order.

2

Haar’s sole argument for relief is that his sentence of life in prison violates article I, section 17 of the Florida Constitution, which forbids an indefinite term of imprisonment. The Florida Supreme Court has specifically rejected this argument. See Ratliff v. State, 914 So. 2d 938, 940 (Fla. 2005) (holding that a sentence of life imprisonment does not violate article I, section 17 of the Florida Constitution).1

AFFIRMED.

LAMBERT, C.J., NARDELLA and WOZNIAK, JJ., concur.

Footnotes
1 We acknowledge that the postconviction court’s reasoning for denying Haar’s motion did not directly address his argument raised. Because the court nevertheless reached the right result, we affirm under the “Tipsy Coachman” doctrine, which “allows an appellate court to affirm a lower court’s decision that reaches the right result, but for the wrong reason, so long as there is any basis in the record to affirm the judgment or order.” See Adams v. State, 289 So. 3d 958, 959 & n.2 (Fla. 5th DCA 2020) (applying Tipsy Coachman to affirm order denying rule 3.800(a) motion).

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