Whitfield v. State

Florida District Courts of Appeal
Whitfield v. State, 95 So. 3d 964 (2012)
2012 WL 3535864; 2012 Fla. App. LEXIS 13677
Cohen, Lawson, Sawaya

Whitfield v. State

Opinion of the Court

PER CURIAM.

Kenneth Whitfield appeals from the denial of his petition for writ of habeas corpus, in which he challenges his current detention on a February 20, 1998, 30-year habitual violent felony offender (“HVFO”) sentence, imposed on a robbery charge.1 The trial court correctly denied the petition, and we affirm.

Whitfield seems to be confused by the fact that the trial court later imposed a 15-year sentence for a firearm charge in an unrelated case,2 and ordered that sentence to be served “concurrent and coterminous3” with other charges from that case, as well as sentences imposed in other cases — including the 30-year HVFO sentence. Whitfield’s confusion is perhaps understandable, as the later 15-year sentence clearly should not have been imposed as coterminous with the longer 30-year sentence. See Moore v. Pearson, 789 So.2d 316, 319 (Fla. 2001) (explaining that “a coterminous sentence is a sentencing decision in which a court exercises its discretion to mitigate a defendant’s sentence” by ordering it to end simultaneously with another shorter sentence); Jefferson v. Florida Parole Com’n, 982 So.2d 743, 745 (Fla. 2nd DCA 2008) (explaining that it would be “incongruous” to designate a shorter sentence as coterminous with a longer sentence). As recognized by the Jefferson court, it makes no sense to order a shorter sentence to run coterminous with a longer sentence because the shorter sentence will in fact end first irrespective of the designation — which means that' the two sentences will not end simultaneously.

Whitfield may also be suffering under the misimpression that by designating the 15-year sentence as coterminous with the earlier 30-year HVFO sentence, the trial court somehow modified and shortened the 30-year sentence. However, the trial court clearly did not purport or attempt to modify the HVFO sentence when sentencing in the later, unrelated case. Additionally, according to Whitfield’s habe-as petition, the coterminous 15-year sentence was imposed on December 11, 2000, well after the trial court would have lost jurisdiction to modify the 30-year HVFO sentence imposed in 1998. See, e.g., Colvin v. State, 63 So.3d 889 (Fla. 5th DCA 2011).

AFFIRMED.

. SAWAYA, LAWSON and COHEN, JJ., concur.

. This sentence was imposed in Manatee County Circuit Court Case No. 97-1766-CF.

. This sentence was imposed in Manatee County Circuit Court Case No. 97-2911-CF.

.A coterminous sentence is a sentence that runs concurrently with another sentence and is ordered to terminate simultaneously with the other sentence. See Madden v. State, 535 So.2d 636, 637 n. 1 (Fla. 5th DCA 1988).

Reference

Full Case Name
Kenneth WHITFIELD v. STATE of Florida
Cited By
4 cases
Status
Published