Wiley v. State
Wiley v. State
Opinion of the Court
George A. Wiley has appealed from an order of the trial court denying his motion to correct an illegal sentence pursuant to Fla. R.Crim.P. 3.800(a). We affirm.
Wiley pled nolo contendere to robbery, kidnapping and sexual battery. He received three concurrent 15-year terms of incarceration, with three consecutive 3-year minimum mandatory terms for use of a firearm. He
On January 20, 1993, Wiley filed the instant 3.800(a) motion alleging that the consecutive minimum-mandatory terms were “illegal when stacked pursuant [to] Florida Statue [sic] 775.087(2).” The motion also alleged ineffective assistance of counsel in failing to object to the consecutive sentences. The trial court denied the motion, finding no factual basis for the sentencing allegation, and that the ineffective assistance claim was moot.
Although consecutive mandatory minimum sentences may only be imposed for offenses arising from separate incidents occurring at separate times and places, Murray v. State, 491 So.2d 1120, 1123 (Fla. 1986), Wiley does not allege that his offenses did not so arise. Further, an allegation of ineffective assistance of counsel is not properly raised in a motion pursuant to Fla.R.Crim.P. 3.800(a). See Wyche v. State, 624 So.2d 830, 832 (Fla. 1st DCA 1993) (3.800(a) motions are reserved for the narrow category of cases in which the sentence imposed is not authorized by law). The motion herein was properly denied, and we affirm.
Reference
- Full Case Name
- George A. WILEY v. STATE of Florida
- Cited By
- 1 case
- Status
- Published