Pursuant to Florida law, courts can impose greater penalties on people who are convicted of crimes if they were previously incarcerated. Only certain offenses allow for the imposition of increased sentences, though, and if a court improperly interprets the sentencing laws, the sentence imposed may be illegal. This was demonstrated in a recent Florida case in which the appellate court reversed a trial court ruling denying a defendant’s motion for resentencing. If you are charged with a crime, it is important to understand what sentences you may face if convicted, and you should speak to a knowledgeable Tampa criminal defense attorney as soon as possible.
Procedural History of the Case
It is alleged that the defendant was charged with and convicted of numerous crimes, including burglary of a conveyance with battery or assault. After the trial court imposed its sentence, the defendant moved to amend it, arguing that it was illegal in that he was improperly sentenced as a prison releasee reoffender in violation of Florida law. The trial court denied his motion, after which the defendant appealed. The appellate court summarily affirmed the trial court’s decision, and the defendant moved for a rehearing.