Opinion
Case No. 2D17-1271
03-11-2020
YGNACIO SANCHEZ, Appellant, v. STATE OF FLORIDA, Appellee.
Brooke E. Teal, Special Assistant Public Defender, Tampa, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Chelsea N. Simms, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Appeal from the Circuit Court for Lee County; Ramiro Manalich, Judge. Brooke E. Teal, Special Assistant Public Defender, Tampa, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Chelsea N. Simms, Assistant Attorney General, Tampa, for Appellee. ATKINSON, Judge.
Ygnacio Sanchez appeals his convictions and sentences for attempted second-degree murder with a firearm and child abuse with a firearm. We affirm his convictions and sentences without further comment. However, we remand for a correction of a scrivener's error in his written sentence to conform with the trial court's oral pronouncement on the sentence for attempted second-degree murder with a firearm.
At sentencing, the trial court orally imposed a mandatory minimum life sentence for attempted second-degree murder with a firearm pursuant to section 775.087(2)(a)3., Florida Statutes (2015). The court made no mention of a twenty-five-year mandatory minimum to be imposed along with the life sentence. However, the written sentence reflects a sentence of life imprisonment with a mandatory minimum sentence of twenty-five years for attempted second-degree murder. This is an illegal sentence. See Hatten v. State, 203 So. 3d 142, 146 (Fla. 2016) ("Although . . . the 10-20-Life statute prevails over the general sentencing maximums, if the trial court chooses to impose a sentence beyond the selected mandatory minimum sentence pursuant to the 10-20-Life statute, additional statutory authority is required."); Martinez v. State, 114 So. 3d 1119, 1120 (Fla. 2d DCA 2013) (reversing the defendant's life sentence with a twenty-five-year minimum mandatory for attempted second-degree murder with a firearm because the sentence improperly exceeded the statutory maximum under section 775.082(3)(b)); McLeod v. State, 52 So. 3d 784, 786 (Fla. 5th DCA 2010) (same).
Therefore, the written sentence reflecting the illegal sentence must be corrected to conform with the trial court's oral pronouncement of the mandatory minimum life sentence under section 775.087(2)(a)3. See Mendenhall v. State, 48 So. 3d 740, 750 (Fla. 2010) ("[T]he trial court has discretion to impose a mandatory minimum within the range of twenty-five years to life . . . notwithstanding the statutory maximum of thirty years contained in section 775.082."); see also Rivera v. State, 117 So. 3d 449, 449 (Fla. 2d DCA 2013) (affirming but remanding for correction of written sentence to conform to the oral pronouncement); Holmes v. State, 84 So. 3d 421, 422 (Fla. 2d DCA 2012) (same).
Affirmed and remanded with instructions. KHOUZAM, C.J., and KELLY, JJ., Concur.