Braddy v. State, No. 87-1877

CourtCourt of Appeal of Florida (US)
Writing for the CourtGLICKSTEIN
Citation520 So.2d 660,13 Fla. L. Weekly 521
Decision Date24 February 1988
Docket NumberNo. 87-1877
Parties13 Fla. L. Weekly 521 Harrel BRADDY, Appellant, v. STATE of Florida, Appellee.

Page 660

520 So.2d 660
13 Fla. L. Weekly 521
Harrel BRADDY, Appellant,
v.
STATE of Florida, Appellee.
No. 87-1877.
District Court of Appeal of Florida,
Fourth District.
Feb. 24, 1988.
Rehearing Denied March 21, 1988.

Harrel Braddy, pro se appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

We reverse the trial court's order which denied appellant's motion for relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, and remand for resentencing with direction that if the trial court intends to depart greater than one cell, it do so with written reasons.

Appellant successfully filed an earlier motion pursuant to rule 3.800, Florida Rules of Criminal Procedure, challenging his sentencing on a different ground; namely, the trial court's retention of jurisdiction. There is no rule which has been adopted by this state's highest court which prevents our consideration of the merits of appellant's present motion, notwithstanding the earlier motion. Even rule 3.850, which limits successive motions, provides that a "motion to vacate a sentence which exceeds the limits provided by law may be filed at any time." Rule 3.800 contains no proscription against successive motions.

In this case appellant's argument is a valid one; namely, the absence of written reasons for the trial court's departure from the guidelines. In the absence of a valid reason, appellant's confinement would be longer than lawfully permitted. The Fifth District Court of Appeal in Reynolds v.

Page 661

State, 429 So.2d 1331, 1333 (Fla. 5th DCA 1983), appropriately stated that a sentencing error which causes an individual to be restrained for time longer than that allowed by law is fundamental and can be heard in any and every legal manner possible.

DOWNEY and GUNTHER, JJ., concur.

To continue reading

Request your trial
7 practice notes
  • Davis v. State, No. 84155
    • United States
    • United States State Supreme Court of Florida
    • July 20, 1995
    ...for review State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), based on express and direct conflict with the opinion in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied, 528 So.2d 1183 (Fla.1988). We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const. This case involves an alle......
  • Lindsay v. State, No. 90-1481
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1990
    ...relied upon Florida Rule of Appellate Procedure 3.850, to claim the trial court gave invalid reasons for departure. Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), rev. denied, 528 So.2d 1183 (Fla.1988); Early v. State, 516 So.2d Page 893 24 (Fla. 3d DCA 1987); State v. Chaplin, 490 So.2d 52......
  • Braddy v. State, No. 89-2995
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1992
    ...Asst. Atty. Gen., West Palm Beach, for appellee. STONE, Judge. This court reversed appellant's thirty year sentence in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA 1988). The sentence was imposed following a plea to a thirty year "cap" on charges of armed robbery, armed kidnapping, armed bu......
  • Barnes v. State, No. 95-00619
    • United States
    • Court of Appeal of Florida (US)
    • June 16, 1995
    ...concur. --------------- 1 Florida Rule of Criminal Procedure 3.800 contains no proscription against successive motions. Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied, 528 So.2d 1183...
  • Request a trial to view additional results
7 cases
  • Davis v. State, No. 84155
    • United States
    • United States State Supreme Court of Florida
    • July 20, 1995
    ...for review State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), based on express and direct conflict with the opinion in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied, 528 So.2d 1183 (Fla.1988). We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const. This case involves an alle......
  • Lindsay v. State, No. 90-1481
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1990
    ...relied upon Florida Rule of Appellate Procedure 3.850, to claim the trial court gave invalid reasons for departure. Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), rev. denied, 528 So.2d 1183 (Fla.1988); Early v. State, 516 So.2d Page 893 24 (Fla. 3d DCA 1987); State v. Chaplin, 490 So.2d 52......
  • Braddy v. State, No. 89-2995
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1992
    ...Asst. Atty. Gen., West Palm Beach, for appellee. STONE, Judge. This court reversed appellant's thirty year sentence in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA 1988). The sentence was imposed following a plea to a thirty year "cap" on charges of armed robbery, armed kidnapping......
  • Barnes v. State, No. 95-00619
    • United States
    • Court of Appeal of Florida (US)
    • June 16, 1995
    ...concur. --------------- 1 Florida Rule of Criminal Procedure 3.800 contains no proscription against successive motions. Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied, 528 So.2d 1183...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT