TREVORISSE THOMAS
v.
STATE OF FLORIDA
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A 15-year sentence for burglary of an occupied dwelling under section 810.02(3)(a), Florida Statutes, is a lawful sentence for that second-degree felony.
[1] A postconviction motion to correct an illegal sentence is conclusively refuted when the attachments to the motion and the denial order demonstrate that the defendant was…
[2] A sentence for burglary of an occupied dwelling, a second-degree felony under section 810.02(3)(a), Florida Statutes (2009), is lawful when it does not exceed the statuto…
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Join FLexlaw to unlock all legal intelligenceTrevorisse Thomas was charged with and convicted by jury of burglary of an occupied dwelling (a second-degree felony) with a special finding that the …
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January 5, 2024 PER CURIAM.
AFFIRMED. KILBANE and MACIVER, JJ., concur. LAMBERT, J., concurs, with opinion.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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3
Case No. 5D23-3436 LT Case No. 2010-CF-625 LAMBERT, J., concurring with opinion.
Trevorisse Thomas appealed the postconviction court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Thomas’s sole challenge in his motion was to the sentence imposed by the trial court for his conviction on count one of the amended information of burglary of an occupied dwelling.
It is unnecessary to detail Thomas’s argument regarding his view of either the alleged illegality of his sentence or of the insufficiency of the lower court’s analysis. Affirmance is appropriate here because the attachments to the court’s instant denial order and, for that matter, to Thomas’s subject motion, conclusively refute his claim. The amended information attached to the order and motion showed that Thomas was charged with committing the crime of burglary of an occupied dwelling, in violation of section 810.02(3)(a), Florida Statutes (2009), which is a second-degree felony.
Next, the copy of the verdict attached to the denial order and to Thomas’s motion showed that the jury found Thomas guilty of burglary, as charged, and that it made a separate, special finding in its verdict that the structure in question was an occupied dwelling. Lastly, the copy of the judgment and sentence attached to the denial order showed that the trial court imposed a fifteen- year prison sentence on this count, which is an entirely lawful sentence for this second-degree felony.