State v. Scanes
| Decision Date | 06 February 2008 |
| Docket Number | No. 3D07-1283.,3D07-1283. |
| Citation | 973 So.2d 659 |
| Parties | The STATE of Florida, Appellant, v. Terry SCANES, Appellee. |
| Court | Florida District Court of Appeals |
Bill McCollum, Attorney General, and Olga L. Villa, Assistant Attorney General, for appellant.
Julie D. Leckart and Andrew F. Rier, Miami, for appellee.
Before GERSTEN, C.J., and ROTHENBERG, and SALTER, JJ.
The State of Florida ("the State") appeals the trial court's order which: (1) sentences Terry Scanes ("the Defendant") below the recommended guidelines; (2) imposes a three-year minimum mandatory sentence, as opposed to the statutorily required ten-year minimum mandatory sentence set forth in section 775.087, Florida Statutes (2005), as to the Defendant's kidnapping conviction; and (3) fails to impose one year of probation, as required by section 741.281, Florida Statutes (2005). As the sentences were imposed based upon a court-offered plea, over the State's objection, and the sentences fail to impose statutorily mandated penalties, we reverse.
The Defendant was charged with: (1) armed kidnapping; (2) possession of a firearm by a convicted felon; (3) aggravated assault with a firearm; and (4) battery. The charges stem from a domestic violence incident involving the Defendant's estranged wife ("Ms. Hubert").
Ms. Hubert claimed that on June 15, 2005, she stopped at the Defendant's house to bring a toy to their child, who was visiting the Defendant. When she rang the doorbell, the Defendant opened the door, pointed a firearm at her, and pulled her into the house, where he struck her about the head, face, and chest, demanding to know where she had been the previous evening. Ms. Hubert also claimed that the Defendant struck her with his fist, knocking her to the floor, and then he kicked her and stepped on her back, while threatening to kill her and himself. The Defendant then taped Ms. Hubert's hands and legs, dragged her throughout the house, and continued to strike her until she began to have difficulty breathing and became unresponsive. At that point, the Defendant summoned fire rescue. While being treated by fire rescue, Ms. Hubert told them what occurred, and the Defendant was subsequently arrested and charged.
According to the sentencing scoresheet, the Defendant's recommended sentence fell within a range of 97.3 months (8.1 years) to life in prison. Pursuant to section 775.087, Florida Statutes (2005), the trial court was required to impose: (1) a three-year minimum mandatory sentence for possession or use of a firearm during the commission of or the attempt to commit an aggravated assault; (2) a three-year minimum sentence for possession of a firearm by a convicted felon; and (3) a ten-year minimum mandatory sentence for possession or use of a firearm during the commission of or the attempt to commit a kidnapping.
Section 775.087, Florida Statutes (2005), provides in part as follows:
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
. . .
(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:
. . . .
h. kidnapping;
. . . .
and during the commission of the offense, such person actually possessed a "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance shall be sentenced to a...
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Dunbar v. State
...pronounced, the sentence would have been reversed and remanded with instructions to impose the term. See, e.g., State v. Scanes, 973 So.2d 659, 661 (Fla. 3d DCA 2008); State v. Couch, 896 So.2d 799 (Fla. 1st DCA 2005); State v. Strazdins, 890 So.2d 334 (Fla. 2d DCA 2004); State v. Brendell,......
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Miles v. State
...it is shorter than the required mandatory minimum sentence." (citing Strazdins , 890 So. 2d at 335 )); see , e.g. , State v. Scanes , 973 So. 2d 659, 661 (Fla. 3d DCA 2008) (recognizing that three-year mandatory minimum sentence imposed on kidnapping charge was illegal, as the trial court w......
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Miles v. State
... ... 5th DCA 2020)); ... State v. Kremer, 114 So.3d 420, 421 (Fla. 5th DCA ... 2013) ("[A] sentence is illegal when it is shorter than ... the required mandatory minimum sentence." (citing ... Strazdins, 890 So.2d at 335)); see, ... e.g., State v. Scanes, 973 So.2d 659, 661 ... (Fla. 3d DCA 2008) (recognizing that three-year mandatory ... minimum sentence imposed on kidnapping ... charge was illegal, as the trial court was required to impose ... a ten-year mandatory minimum sentence) ... Mr ... ...
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Dunbar v. State Of Fla.
...of the mandatory minimum sentence when the trial court departed from the mandatory minimum sentencing requirement. See State v. Scanes, 973 So.2d 659 (Fla. 2d DCA 2008); State v. Couch, 896 So.2d at 799; State v. CalzadaPadron, 708 So.2d 287 (Fla. 2d DCA 1996); State v. Brendell, 656 So.2d ......
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Charging a crime, arraignment and pleas
...defendant pleads to crimes requiring the sentences based on a plea offered by the court and not agreed to by the state. State v. Scanes, 973 So. 2d 659 (Fla. 3d DCA 2008) A downward departure in a case where plea negotiations were initiated by the court and excluded the state is reversed wh......