Wilson v. State
Wilson v. State
Opinion of the Court
This is an appeal from an order denying the defendant post-conviction relief from five convictions and sentences entered on guilty pleas in 1985. We reverse.
The substantive offenses charged against Wilson in case numbers 85-5518 (carrying a concealed firearm), 85-7625 (armed robbery), 85-7884 (armed robbery), 85-19261 (aggravated assault), and 85-12883D (escape) also constituted violations of the community control portion of Youthful Offender Act (Y.O.A.) sentences imposed in two 1982 prosecutions, involving charges of burglary of a dwelling, grand theft second degree, and unlawful possession of a firearm (case numbers 82-4767, 82-13209A). Before Wilson pled to violation of community control in the 1982 cases and to the substantive 1985 cases, he was informed that he faced a maximum sentence of sixty-five years on the violation of the Y.O.A. charges. On that basis, and with that understanding, he entered into a package deal in which he agreed to plead guilty to all of the offenses in return for what were thought to be reduced sentences of thirty years on the violation of the 1982 Y.O.A. convictions and a concurrent thirty-five years on the 1985 charges. He has been in state prison ever since.
In fact, both the representation about the sixty-five-year exposure and the actual sentences of thirty years in the Y.O.A. cases were directly contrary to the applicable law. As established by the Supreme Court in State v. Amette, 604 So.2d 482 (Fla. 1992), on the dates in question here, no more than six-year concurrent sentences could be lawfully imposed. Amette, 604 So.2d at 482; Allen v. State, 526 So.2d 69 (Fla. 1988).
In the present case, filed thereafter on October 2, 2001,
Reversed and remanded.
. The sentencing consequences of violating Y.O.A. community control have since been amended on several occasions. See State v. Meeks, 789 So.2d 982 (Fla. 2001); Johnson v. State, 678 So.2d 934 (Fla. 3d DCA 1996).
. The petition was timely filed within the two-year period provided by Rule 3.850(b)(1) from
. No evidentiary hearing is required.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.