Mays v. State
Mays v. State
Opinion of the Court
The defendant, Clarence Mays (“Mays”), appeals from the trial court’s denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). As we find no merit to his claims, we affirm.
On September 25, 1990, based upon a negotiated plea, Mays pled guilty to one count of robbery with a deadly weapon and was sentenced to forty years incarceration with a fifteen-year minimum mandatory as a habitual violent felony offender (“HVFO”). In the motion which is the subject of the instant appeal, Mays argues that (1) his sentence is illegal as the statute relied upon to enhance his sentence was declared unconstitutional as violative of the single-subject rule in 1993, and (2) there was insufficient evidence presented to establish that he qualified to be sentenced as a HVFO.
As to Mays first claim, we conclude that because Mays was sentenced pursuant to a negotiated plea, the claim is in actuality an attack regarding the volun-
Mays asserts in his second claim that there was insufficient evidence to establish that he qualified to be sentenced as a HVFO. We conclude that this claim was properly denied by the trial court as Mays was (1) convicted on August 19, 1985, for two separate robberies and sentenced to five and one-half years incarceration with a three-year minimum mandatory sentence. As these convictions occurred within five years of the instant offense, which was committed on March 18, 1990, and the prior convictions are qualifying offenses for purpose of enhancement under section 775.084, Florida Statutes, the trial court correctly denied this claim.
Affirmed.
Reference
- Full Case Name
- Clarence MAYS v. The STATE of Florida
- Cited By
- 1 case
- Status
- Published