Smith v. State
Smith v. State
Opinion of the Court
Darrias Smith appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence, wherein he argues that the life portion of his sentence for aggravated battery with a firearm is illegal because it exceeds the statutory maximum for that offense. We agree and reverse.
In 2008, Smith was found guilty by a jury of aggravated battery, with a special *853finding that he caused death or great bodily harm by discharging a firearm. The trial court adjudicated him guilty of "aggravated battery with firearm while inflicting great bodily harm" pursuant to section 784.045(1)(a), Florida Statutes (2007).
Based on the jury's verdict, the minimum mandatory sentencing range permitted under section 775.087(2)(a)3., was 25 years to life imprisonment. Here, the trial court did not impose life as a minimum mandatory sentence, but rather 25 years. Thus, the non-mandatory life portion of his sentence is illegal because it exceeds the statutory maximum of 15 years for a second-degree felony. See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. State,
Accordingly, we reverse the order of the trial court, vacate the life portion of Smith's sentence, and remand for correction consistent with this opinion. See Brown,
REVERSED and REMANDED.
BERGER, LAMBERT and GROSSHANS, JJ., concur.
It appears that the second-degree felony was not reclassified to a first-degree felony despite the special finding. See Johnson v. State,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.