Narrative Opinion Summary
The trial court's summary denial of the appellant’s motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 is affirmed, as all allegations in the motion were found to lack merit. However, the case is remanded to the trial court to correct the judgment and sentence for attempted sexual battery in case number 86-10829. The appellant, who pleaded guilty to this second-degree felony, had his offense improperly classified as a life felony and sentenced to forty years, despite a plea agreement stipulating thirty-year sentences for all first-degree felonies. The appellant is not required to be present during the correction process. The ruling is affirmed and remanded with specific directions for correction. RYDER, A.C.J., LEHAN, and ALTENBERND, JJ., concur.
Legal Issues Addressed
Appellant's Presence During Sentence Correctionsubscribe to see similar legal issues
Application: The appellant is not required to be present during the correction of the judgment and sentence.
Reasoning: The appellant is not required to be present during the correction process.
Correction of Judgment and Sentencesubscribe to see similar legal issues
Application: The case was remanded to correct the improper classification and sentencing of the appellant's offense, which was incorrectly listed as a life felony instead of a second-degree felony as per the plea agreement.
Reasoning: However, the case is remanded to the trial court to correct the judgment and sentence for attempted sexual battery in case number 86-10829. The appellant, who pleaded guilty to this second-degree felony, had his offense improperly classified as a life felony and sentenced to forty years, despite a plea agreement stipulating thirty-year sentences for all first-degree felonies.
Post-Conviction Relief under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: The trial court affirmed the summary denial of the appellant's motion for post-conviction relief, as the allegations were deemed to lack merit.
Reasoning: The trial court's summary denial of the appellant’s motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 is affirmed, as all allegations in the motion were found to lack merit.