RAFAEL GONZALEZ SANTIAGO
v.
STATE OF FLORIDA
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A Habitual Felony Offender designation limits the maximum permissible sentence to 30 years per count under Florida Statute § 775.084(4)(a)2, and trial court judgments must correctly reflect the verdict by designating the proper crime and degree.
[1] A trial court's judgment must correctly designate the crime and degree as reflected in the verdict, and any discrepancies must be corrected on remand.
[2] A defendant designated as a Habitual Felony Offender is subject to a maximum sentence of 30 years per count under Florida Statute § 775.084(4)(a)2, not life imprisonment.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because Santiago was properly designated as a Habitual Felony Offender, the maximum permissible sentence on each of those counts was 30 years.”
Court's explanation for reversing the life sentences imposed on Counts 1 and 4
Rafael Gonzalez Santiago was found guilty after a bench trial on multiple counts. The trial court's judgment incorrectly designated the crimes on Coun…
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WHITE, J.
Rafael Gonzalez Santiago appeals the judgment and sentence entered after he was found guilty on multiple counts.1 Santiago argues that the judgment does not
Counts1 and 4 exceed the maximum permissible sentence. The State agrees.3
Therefore, we reverse the provisions of the judgment that designate: the crime on Counts1 and 4; the offense statute number on Count 4; and the degree of crime on Counts1, 3 and 4. On remand, the trial court shall correct the judgment to designate: the crime as sexual battery (2d degree) on Count1, and robbery on Count
4; the offense statute number as 812.13(2)(c) on Count 4; and the degree of crime as second degree on Count1, third degree on Count 3, and second degree on Count 4.
We also reverse the life sentences imposed on Counts1 and 4. Because
Santiago was properly designated as a Habitual Felony Offender, the maximum permissible sentence on each of those counts was 30 years.4 See § 775.084(4)(a)2.,
Fla. Stat. (2019). Therefore, we remand for the trial court to resentence Santiago on
Counts1 and 4 as a Habitual Felony Offender.
Otherwise, we affirm the judgment and sentence without further discussion.
AFFIRMED in part; REVERSED in part; REMANDED with instructions.
TRAVER, C.J., and STARGEL, J., concur.
Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.