Flowers v. State, 4D03-1076.
| Decision Date | 20 April 2005 |
| Docket Number | No. 4D03-1076.,4D03-1076. |
| Citation | 899 So.2d 1257 |
| Parties | Keith James FLOWERS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
The defendant appeals his sentence for a violation of community control after admitting to the violation.1 He argues the original sentences in two of the three underlying cases, upon which the violation was filed, were illegal. We disagree and affirm.
In case number 93-19553 CF10A, the defendant was charged with escape, resisting arrest with violence, and two counts of battery on a law enforcement officer. In case number 93-21703 CF10A, the defendant was charged with strong armed robbery. In case number 93-18814 CF10B, the defendant was charged with four burglaries of structures. The defendant pled guilty to all of the charges. The court relied on a single scoresheet for sentencing. It provided a recommended sentencing range of 17-22 years, and a permitted range of 12-27 years.
In case number 93-19553 CF10A, the court sentenced the defendant to three years in prison on count one, to be served concurrently with three consecutive five year sentences for counts two through four, followed by two years community control and ten years probation. The defendant was credited with 142 days for time served.
In case number 93-21703 CF10A, the court sentenced the defendant to three years in prison, to run concurrent with the fifteen year sentence in the previous case, followed by two years community control and ten years probation, all of which ran concurrent with the probation and community control ordered in the previous case.
In case number 93-18814 CF10B, the court sentenced the defendant to serve two years community control and three years probation, to run concurrent with the probation and community control ordered in the other two cases.
The defendant filed a motion to correct his "illegal sentence," pursuant to Florida Rule of Criminal Procedure 3.800(a). He argued the law did not permit a prison sentence to be followed by community control and probation. The trial court denied the motion. This court affirmed. Flowers v. State, 731 So.2d 1291 (Fla. 4th DCA 1999) (Table) (hereinafter "Flowers I").
In February, 2002, the defendant was released from prison and placed on community control. Within a few months, the Department of Corrections filed an affidavit of violation of community control. The defendant admitted the violation. The court sentenced him to seventeen years on the escape count in case number 93-19533 CF10A, with a credit of 165 days served, to run concurrent with the sentence imposed in case number 93-21703. Subsequently, the court denied a new motion for post conviction relief, but corrected the seventeen-year sentence to fifteen years, the maximum allowable for the second degree felony.
The defendant requested, and this court granted, a belated appeal. The defendant also filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). The court denied the motion. It is from the sentence on the violation of community control and the order denying his motion to correct the sentencing error that the defendant now appeals.
The legality of a sentence is a question of law and is subject to de novo review. See, e.g., Wardlaw v. State, 832 So.2d 258 (Fla. 2d DCA 2002).
The defendant challenges his sentence on the basis that the original underlying sentences were illegal because the term of incarceration in...
To continue reading
Request your trial
-
Romans v. State
...a qualifying offense. "The legality of a sentence is a question of law and is subject to de novo review." Flowers v. State , 899 So.2d 1257, 1259 (Fla. 4th DCA 2005). A court may place a defendant on drug offender probation if "the defendant is a chronic substance abuser whose criminal cond......
-
Migdal v. State
...Drayton v. State, 791 So.2d 522, 524 (Fla. 4th DCA 2001). As it involves a question of law, we review it de novo. Flowers v. State, 899 So.2d 1257, 1259 (Fla. 4th DCA 2005). A court's pronouncement of a sentence becomes final when the sentencing hearing ends. Comtois v. State, 891 So.2d 113......
-
Reynolds v. State
...So.2d 600, 602 (Fla.2007) ). "The legality of a sentence is a question of law and is subject to de novo review." Flowers v. State, 899 So.2d 1257, 1259 (Fla. 4th DCA 2005) (citing Wardlaw v. State, 832 So.2d 258 (Fla. 2d DCA 2002) ). The trial court's "Order of Drug Offender Probation" is i......
-
Fenster v. State, 4D04-4834.
...him full credit for time served. The legality of a sentence is a question of law and is subject to de novo review. Flowers v. State, 899 So.2d 1257, 1259 (Fla. 4th DCA 2005). "[T]he court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county ja......