Griner v. State
| Decision Date | 04 May 1988 |
| Docket Number | No. 88-640,88-640 |
| Citation | 13 Fla. L. Weekly 1090,524 So.2d 487 |
| Parties | 13 Fla. L. Weekly 1090 James D. GRINER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Griner appeals the summary denial of his motion to correct sentence. We reverse.
Griner claims that he is serving a sentence of 30 years for escape. 1 This sentence, which was imposed in 1977, appears to represent a plea bargain whereby two counts of a three-count information were dropped. Griner now alleges that the sentence exceeds the statutory maximum. Escape is a second degree felony and has been since prior to Griner's sentencing date. The fact the sentence may have been negotiated is immaterial, for one may not agree to an unlawful sentence. Williams v. State, 500 So.2d 501 (Fla.1986).
While it may be that some mechanism such as the habitual offender statute 2 was invoked to enhance the ordinary fifteen-year maximum, the trial court's order fails to provide sufficient documentation to refute Griner's argument that his sentence is unlawful. Accordingly, we remand this case for further proceedings, at which time the trial court may support its denial of the motion by attaching the record exhibits relied upon, correct the sentence, or conduct such other proceedings as it deems advisable. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days in order to obtain further appellate review.
Reversed.
To continue reading
Request your trial
-
Bernard v. State, 90-193
...impose an illegal sentence based on an invalid reason to depart from the guidelines, even though the defendant agrees); Griner v. State, 524 So.2d 487 (Fla. 2d DCA 1988) (sentence of thirty years for second degree felony of escape is illegal and fact that sentence was negotiated is immateri......
-
Johnson v. State, 89-00870
...does not prevent him from raising this issue on appeal. See Jones v. State, 572 So.2d 1006 (Fla. 2d DCA 1990) (citing Griner v. State, 524 So.2d 487 (Fla. 2d DCA 1988), for the proposition that one may not agree to an unlawful We reverse the appellant's habitual violent felony offender sent......
-
Darden v. State, 91-02366
...entitle him to relief. His plea to an illegal sentence is immaterial. See Williams v. State, 500 So.2d 501 (Fla.1986); Griner v. State, 524 So.2d 487 (Fla. 2d DCA 1988). The trial court failed to attach the written sentences or any other portions of the record in refutation of Darden's alle......
-
Forshee v. State, 88-01914
...v. State, 426 So.2d 1300 (Fla. 2d DCA 1983), and the sentence having been imposed as a result of plea negotiations. Griner v. State, 524 So.2d 487 (Fla. 2d DCA 1988). If the trial court had imposed this sentence after a trial, or if the appellant had pled guilty without his sentence being p......