DEANDRE PERRYMAN
v.
STATE OF FLORIDA
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A trial court errs when it imposes a minimum mandatory sentence of twenty-five years under section 775.087(2)(a)3 instead of the applicable twenty-year minimum under section 775.087(2)(a)2, and when it imposes a mandatory minimum on an offense not enumerated in the mandatory minimum sentencing statute.
[1] A trial court errs in imposing a minimum mandatory sentence under Florida Statutes section 775.087(2)(a)3 when the applicable sentencing provision is section 775.087(2)(a…
[2] An offense not enumerated in Florida Statutes section 775.087 cannot serve as the basis for imposition of a mandatory minimum sentence, and any such sentence must be vaca…
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Join FLexlaw to unlock all legal intelligencePerryman was convicted of two counts of murder and one count of shooting into or within a building. The trial court imposed a twenty-five-year minimum…
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November 15, 2023 PER CURIAM.
We reject Appellant’s arguments raised on appeal and affirm his conviction. However, as conceded by the Appellee, we reverse and remand for a corrected sentencing order. The trial court erred in imposing a twenty-five-year minimum mandatory sentence pursuant to section 775.087(2)(a)3., Florida Statutes, for counts one and two. The Appellant should have been sentenced according to section 775.087(2)(a)2., wherein the minimum sentence is twenty years in prison. Additionally, the charged offense of shooting into or within a building, count three, is not one of the enumerated offenses that fall under section 775.087. Therefore, the minimum mandatory sentence of twenty-five years imposed for count three is vacated.
Appellant’s prison releasee reoffender (PRR) sentence must be concurrent with the sentence he received pursuant to section 775.087. See McDonald v. State, 957 So. 2d 605 (Fla. 2008).
Finally, the judgment and sentence order should be corrected to show the correct sections of 782.04(1)(a)1. and 782.04(2), Florida Statutes, respectively. The charged offense within the judgment should also read as attempted second-degree murder, instead of attempted first-degree murder with a firearm, as to count two.
Appellant need not be present for entry of the corrected sentence.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
OSTERHAUS, C.J., and B.L. THOMAS and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.