Helms v. State, 2D03-2865.

CourtCourt of Appeal of Florida (US)
Writing for the CourtFULMER and SILBERMAN, JJ., Concur.
Citation890 So.2d 1256
PartiesOctavius HELMS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 2D03-2865.,2D03-2865.
Decision Date19 January 2005

890 So.2d 1256

Octavius HELMS, Appellant,
STATE of Florida, Appellee.

No. 2D03-2865.

District Court of Appeal of Florida, Second District.

January 19, 2005.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.


This is an Anders1 appeal of Octavius Helms' convictions and sentences for robbery with a firearm and obstructing an officer without violence. We affirm Helms' convictions but reverse part of his sentence.

The trial court sentenced Helms to life as a prison releasee reoffender with a ten-year minimum mandatory for the robbery offense and to time served for the obstructing offense. The ten-year minimum mandatory term was imposed pursuant to section 775.087(2)(a)(1), Florida Statutes (2001), the 10/20/Life statute. However, "[w]hen a defendant meets the requirements for sentencing under the PRRPA,2 a trial court may not sentence the defendant under another sentencing statute where the sentence under the other statute is equal to or lesser than that imposed under the PRRPA." Hill v. State, 862 So.2d 815, 815 (Fla. 4th DCA 2003). Accordingly, the trial court erred in imposing the ten-year minimum mandatory term, and we remand with directions that the trial court vacate that part of Helms' sentence.

Affirmed in part, reversed in part, and remanded with directions.




1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2. Prison Releasee Reoffender Punishment Act.


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4 cases
  • McDonald v. State
    • United States
    • United States State Supreme Court of Florida
    • May 17, 2007
    ...the decisions of the Second District Court of Appeal in Hall v. State, 837 So.2d 1179, 1180 (Fla. 2d DCA 2003), and Helms v. State, 890 So.2d 1256 (Fla. 2d DCA 2005), on the issue of whether the mandatory minimum sentence under the Prison Releasee Reoffender (PRR) statute, section 775.082(9......
  • McDonald v. State, 4D05-115.
    • United States
    • United States State Supreme Court of Florida
    • September 28, 2005
    ...the Second District which now conflict with today's decision. Hall v. State, 837 So.2d 1179, 1180 (Fla. 2d DCA 2003); Helms v. State, 890 So.2d 1256 (Fla. 2d DCA 2005). Finally, we must address one final matter. In his motion, McDonald claimed that he was improperly given mandatory life sen......
  • Rice v. State, Case No. 2D05-106 (FL 4/6/2005), Case No. 2D05-106.
    • United States
    • United States State Supreme Court of Florida
    • April 6, 2005
    ...App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County, Anthony K. Black, Judge. PER CURIAM. Affirmed. See Helms v. State, 890 So. 2d 1256 (Fla. 2d DCA 2005); Navarro v. State, 805 So. 2d 1047 (Fla. 3d DCA 2002); State v. Newmones, 765 So. 2d 860 (Fla. 5th DCA DAVIS, KELLY, and ......
  • Searles v. State, 2D00-2781.
    • United States
    • Court of Appeal of Florida (US)
    • January 19, 2005

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