Keaton v. State
Keaton v. State
Opinion of the Court
Keaton appeals from a denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 for post conviction relief. We affirm in part, and reverse as to the two sentencing error issues raised in grounds 11 and 12 of Keaton’s motion: that the trial court erroneously thought it had no discretion but to impose the minimum mandatory term under the habitual violent felony offender statute; and that the two life sentences he received under the habitual violent offender statute for sexual battery exceed the enhanced statutory maximum sentence of thirty years for a second degree felony.
With regard to ground 11, Keaton was sentenced as a habitual violent felony offender,
In this case, that issue can be raised in a 3.850 proceeding. In Newell v. State, 714 So.2d 434 (Fla. 1998), the court held that the law was unclear in 1995 as to whether trial courts must impose the mandatory minimum sentences on habitual violent offenders. Thus defendants who failed to raise that claim in their direct appeals could raise it in a motion for post-conviction relief. Keaton was sentenced in 1995 when the law on this issue was not clear. See Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992), disapproved, State v. Hudson.
With regard to ground 12, it appears that Keaton was convicted of three sexual batteries which were second degree felonies. Under the habitual violent offender statute, the maximum penalty for a second degree felony is thirty years incarceration. See § 775.084(4)(b)(2), Fla. Stat. (1997). In this case, the trial court reclas
However, section 794.023(2)(a) is not a felony reclassification statute. It only provides that a second degree felony may be punished “as if’ it were a first degree felony. Had Keaton not been sentenced as a habitual offender, the court could have imposed a thirty-year sentence for each of the second degree felonies, thereby punishing Keaton as if he had committed first degree felonies. Pursuant to the habitual violent felony offender statute, the court was also allowed to impose thirty years incarceration for the second degree felonies.
Accordingly, we reverse the order denying relief on grounds 11 and 12 and affirm the balance of the appealed order. The case is remanded to the trial court for resentencing: (1) to exercise the court’s discretion as to whether to impose the minimum mandatory terms under the habitual violent offender statute; and (2) to correct the life sentences imposed for the two sexual battery convictions which were • second degree felonies.
AFFIRMED in part; REVERSED in part; REMANDED for resentencing.
. § 775.084(l)(b), Fla. Stat. (1997).
. § 775.084(4)(b)(2), Fla. Stat. (1997).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.