Sarasota Criminal Attorney Blog
Battery and other crimes involving violent acts often carry substantial penalties, especially if the person charged has one or more prior convictions. As discussed in a recent Florida opinion, though, the courts generally cannot impose habitual offender penalties under multiple statutes to run concurrently. If you are charged with a violent offense, it is wise to confer with a Sarasota violent crime defense attorney about your case.
Factual and Procedural Background
It is alleged that the defendant was convicted of felony battery, a third-degree felony, and sentenced to ten years in prison by the trial court. The sentence was structured so that the defendant would serve five years as a prison releasee reoffender (PRR), followed by another five years as a habitual felony offender (HFO). The defendant challenged the legality of this sentence on two grounds. First, he argued that the trial court could not impose equal sentences under both the PRR and HFO statutes. Second, he contended that the two consecutive five-year sentences exceeded the statutory maximum for a third-degree felony, which is typically five years.
It is reported that the defendant submitted the written judgment and sentence to support his claim, but he did not include the sentencing transcript. The postconviction court denied both claims. It acknowledged that an equal HFO sentence running concurrently with a PRR sentence would be illegal but dismissed the first claim because the trial court had imposed the sentences consecutively. As for the second claim, the postconviction court ruled that the HFO statute allowed for an extended sentence of up to ten years for a third-degree felony. The defendant then appealed.
Legality of Sentences
On appeal, the court reviewed the interplay between the PRR and HFO statutes. Under the PRR statute, the trial court was required to impose a mandatory minimum sentence of five years since the defendant qualified as a PRR.
The court noted that while the PRR statute requires the defendant to serve 100% of the sentence, it does not prevent the trial court from imposing a longer sentence if allowed by other statutes, such as the HFO statute.
The HFO statute permits a sentence of up to ten years for a third-degree felony. The court explained that a concurrent sentence of five years as a PRR and ten years as an HFO would have been legal, but equal concurrent sentences under both statutes would be unlawful.
Additionally, the court emphasized that consecutive sentences can only be imposed when multiple offenses are charged. In this case, the defendant was convicted of only one offense, making the consecutive five-year sentences illegal.
However, the court was unable to make a final ruling on the legality of the sentence without the sentencing transcript, which had not been provided. Consequently, the court reversed the postconviction court’s decision and remanded the case for further proceedings. The lower court was instructed to either attach records proving the legality of the sentence or, if none exist, resentence the defendant.
Meet with an Experienced Sarasota Criminal Defense Attorney.
If you are charged with battery or any other violent crime, it is vital to understand what penalties you may face if you are found guilty, and you should meet with an attorney promptly. You may face substantial penalties if you are convicted, and it is smart to talk to an attorney as soon as possible. The experienced Sarasota violent crime defense attorneys of Hanlon Law know what it takes to prevail in criminal matters, and if we represent you, we will work tirelessly to help you seek a favorable outcome. You can reach Hanlon Law via our online form or by calling 941.462.1789 to arrange a conference.