From Casetext: Smarter Legal Research

Gandy v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 22, 2015
163 So. 3d 623 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D14–3889.

2015-04-22

Joseph GANDY, Appellant, v. STATE of Florida, Appellee.

Joseph Gandy, Lake City, pro se. Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.



Joseph Gandy, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

We affirm the trial court's order denying appellant's rule 3.800(a) motion to correct illegal sentence and the order imposing sanctions for frivolous filing. Appellant's rule 3.800(a) motion alleged illegal consecutive prison releasee reoffender (PRR) sentences on counts I and II. Consecutive PRR sentences are not illegal even if the offenses arose from the same criminal episode. State v. Mosley, 149 So.3d 684, 684 (Fla.2014); Claycomb v. State, 142 So.3d 916, 917 (Fla. 4th DCA) (recognizing that Philmore v. State, 760 So.2d 239 (Fla. 4th DCA 2000), has been overruled), review denied,No. SC14–1397, 2014 WL 7444595 (Fla. Dec. 29, 2014).

Appellant has not demonstrated that the trial court abused its discretion in imposing sanctions pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). Appellant acknowledged in his motion that this issue was argued at sentencing in 2006 and was rejected. The claim is procedurally barred. Even before Mosley, this claim was without merit. Appellant's burglaries of two separate residences belonging to separate victims were clearly separate criminal episodes. See Reeves v. State, 957 So.2d 625, 628 (Fla.2007) (concluding that offenses committed at two separate locations occurred in two distinct episodes); Hartman v. State, 92 So.3d 893, 895 (Fla. 5th DCA 2012) (explaining that the standard for determining whether offenses may be tried together is different from whether offenses occurred in the same criminal episode). The record shows that appellant raised this same issue in a habeas corpus petition, which the trial court denied in a detailed order dated December 5, 2011.

Affirmed.

STEVENSON, TAYLOR and FORST, JJ., concur.


Summaries of

Gandy v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 22, 2015
163 So. 3d 623 (Fla. Dist. Ct. App. 2015)
Case details for

Gandy v. State

Case Details

Full title:JOSEPH GANDY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 22, 2015

Citations

163 So. 3d 623 (Fla. Dist. Ct. App. 2015)

Citing Cases

McIntyre v. State

Affirmed. See State v. Mosley, 149 So.3d 684 (Fla.2014) ; Cotto v. State, 139 So.3d 283 (Fla.2014) ; Gandy v.…