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10 Florida opinions name it 2 courts 1974–2023 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wooden v. Stategreen2 sentences2014Levine v. State, - So.3d -, 2014 WL 5149098 (Fla. 4th DCA Oct. 15, 2014) (reversing 50-year sentence for attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly)', see also Antoine v. State, 138 So.3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So.3d 660, 661 (Fla. 4th DCA 2013). .Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010) ("[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first d 2013However, “ ‘once the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty[-]year maximum penalty for a first[-]degree felony under section 775.082(3)(b).’ ” McLeod, 52 So.3d at 786 (quoting Wooden, 42 So.3d at 837 ) (reversing the defendant’s life sentence with a twenty-five-year mandatory minimum for attempted second-degree murder with a firearm because the sentence improperly exceeded the statutory maximum under section 775.082(3)(b)). | 3 | 4 |
McLeod v. Stategreen2 sentences2013However, “ ‘once the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty-year maximum penalty for a first[-]degree felony under section 775.082(3)(b).’” McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010) (quoting Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010)) (reversing the defendant’s life sentence with a twenty-five-year minimum mandatory for attempted second-degree murder with a firearm because the sentence improperly exceeded the statutory maximum under section 775.082(3)(b)). 2013However, “ ‘once the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty[-]year maximum penalty for a first[-]degree felony under section 775.082(3)(b).’ ” McLeod, 52 So.3d at 786 (quoting Wooden, 42 So.3d at 837 ) (reversing the defendant’s life sentence with a twenty-five-year mandatory minimum for attempted second-degree murder with a firearm because the sentence improperly exceeded the statutory maximum under section 775.082(3)(b)). | 2 | 3 |
Walden v. Stategreen1 sentence2014Levine v. State, - So.3d -, 2014 WL 5149098 (Fla. 4th DCA Oct. 15, 2014) (reversing 50-year sentence for attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly)', see also Antoine v. State, 138 So.3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So.3d 660, 661 (Fla. 4th DCA 2013). .Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010) ("[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first d | 1 | 1 |
Antoine v. Stategreen1 sentence2014Levine v. State, - So.3d -, 2014 WL 5149098 (Fla. 4th DCA Oct. 15, 2014) (reversing 50-year sentence for attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly)', see also Antoine v. State, 138 So.3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So.3d 660, 661 (Fla. 4th DCA 2013). .Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010) ("[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first d | 1 | 1 |
Roberts v. Stategreen1 sentence2014The twenty-five year to life minimum mandatory range under section 775.087(2)(a)(3) does not create a new statutory maximum penalty of life imprisonment.”) (citation omitted); see also Roberts v. State, 2013 WL 6687751 (Fla. 5th DCA Dec.20, 2013); McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010). | 1 | 1 |
Rotta v. Rottagreen1 sentence2013See Wooden v. State, 42 So.3d 837 (Fla. 5th DCA 2010) (holding that after the trial court reclassified the second-degree felony to a first-degree felony based on the use of a firearm and imposed the minimum mandatory sentence of twenty-five years under section 775.087, it was improper to impose a sentence that exceeded the thirty-year statutory maximum penalty for first-degree felonies under section 775.082(3)(b)), review denied, 51 So.3d 466 (Fla.2010); Brown v. State, 983 So.2d 706 (Fla. 5th DCA 2008) (holding that after defendant’s second-degree felony was reclassified to a first-degree fel | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. State
green
2 sentences2018See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. State , 983 So.2d 706 , 707 (Fla. 5th DCA 2008) ("Once the trial court imposed a minimum mandatory term of 25 years, it could not exceed the 30-year maximum penalty for a first-degree felony under section 775.082. 2018See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. State , 983 So.2d 706 , 707 (Fla. 5th DCA 2008) ("Once the trial court imposed a minimum mandatory term of 25 years, it could not exceed the 30-year maximum penalty for a first-degree felony under section 775.082. | 4 | 2010–2018 |
Yasin v. State
green
2 sentences2018The 25-year to life minimum mandatory range under section 775.087(2)(a)3. [the 10-20-Life statute] does not create a new statutory maximum penalty of life imprisonment." (citing Yasin v. State , 896 So.2d 875 (Fla. 5th DCA 2005) ) ). 2018The 25-year to life minimum mandatory range under section 775.087(2)(a)3. [the 10-20-Life statute] does not create a new statutory maximum penalty of life imprisonment." (citing Yasin v. State , 896 So.2d 875 (Fla. 5th DCA 2005) ) ). | 2 | 2018–2018 |
Rodrick D. Williams v. State of Florida
green
1 sentence2023After all, that is precisely what Williams prescribes: “Where the error cannot be deemed harmless, the proper remedy is to resentence the juvenile offender pursuant to section 775.082(1)(b)2. . . . .” 242 So. 3d at 282 . | 1 | 2023–2023 |
Michael W. Levine v. State of Florida
green
1 sentence2014Levine v. State, - So.3d -, 2014 WL 5149098 (Fla. 4th DCA Oct. 15, 2014) (reversing 50-year sentence for attempted second-degree murder where trial court only imposed a 25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly)', see also Antoine v. State, 138 So.3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So.3d 660, 661 (Fla. 4th DCA 2013). .Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010) ("[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first d | 1 | 2014–2014 |
Ramey v. State
neutral
1 sentence1992The state argues that while a court may be limited to imposing community control for a maximum of two years in any one sentencing, it is not prohibited from imposing a new two-year term of community control upon revoking a defendant's previous term of community control. *157 We recognized in Ramey v. State, 546 So.2d 1156 (Fla. 5th DCA 1989) that section 948.06(1) authorizes a court upon revocation of probation to impose any sentence it might have originally imposed. | 1 | 1992–1992 |
Shargaa v. State
green
1 sentence1974For the purpose of this subsection, the term `qualified offense' includes any crime in violation of a law of another state or of the United States that was punishable under the laws of such state or the United States at the time of its commission by the defendant by death or imprisonment exceeding one year. (d) The felony for which the defendant is to be sentenced was committed within five years of the date of the commission of the last prior felony or other qualified offense of which he was convicted, or within five years of the defendant's release, on parole or otherwise, from a prison sente | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.