The 2023 Florida Statutes
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We now turn to our decision in Mack. Mr. Mack, a juvenile, was convicted of homicide and nonhomicide crimes and sentenced to concurrent life sentences for murder and burglary, which entitled him to a sentencing review after twenty-five years under sections 921.1402(2)(a) and 775.082( 1)(b), Florida Statutes (2018), and to a consecutive life sentence for sexual battery, which entitled Mr. Mack to a sentencing review after twenty years under sections 775.082( 3)(c) and 921.1405(2)(d). Mack, 313 So.2d at 695. The issue before us in Mack was the "absence of any penological purpose to be served by [Mr.] Mack's consecutive life sentence for sexual battery and that sentence's nullification of [Mr.] Mack's meaningful opportunity to obtain release from incarceration under his murder and burglary sentences" under Graham and Miller. Id. at 698. In reversing the consecutive life sentences as unconstitutional, we held that the opportunity for release for the first life sentence after twenty-five years was not "meaningful" as required by Miller because Mr. Mack would still be required to serve an additional twenty years for the consecutive life sentence for the sexual battery… Even more damning is the irreconcilability of the appellate counsel's affidavit with the evidence and argument Downs would later present during his first postconviction proceedings, which ubiquitously describe the "hallway plea" offer as having been to a battery for twelve months' probation- not to the assault for eighteen months' probation described in the affidavit. Downs' first postconviction motion describes the hallway plea offer as "a year probation for 'battery' . . . mean[ing] no sex offender registration" permitting him to "get [his] record cleared." Downs himself would later testify at the hearing on the first postconviction motion that the plea offer that was conveyed to him in the hallway was to battery for twelve months of probation. In Downs' written closing argument and rebuttal to the State's closing argument in the first postconviction proceeding, Downs refers to the plea offer as "battery, a year of probation, a withhold of adjudication and no sex offender registration." Yet, in reaching its finding regarding the nature of the hallway plea offer, the postconviction court's order seemingly ignores all of the evidence and argument at Downs' first postconviction… Nonetheless, the Defendant is entitled to some meaningful opportunity for release. The appropriate remedy is, as the State suggests, to amend his sentence providing for subsequent judicial review after twenty-five years. See also Ejak v. State, 230 So.3d 566 (Fla. 2d DCA 2017). The Defendant's concurrent sentences of twenty years on counts two through five and concurrent sentence of five years on count six are not subject to judicial review. See § 775.082(3), Fla. Stat.This Court should also remand for the trial court to correct the written judgment so it properly reflects that [burglary of an occupied dwelling with a firearm] is a first-degree felony punishable by life. Section 810.02(2)[(b)] provides that [burglary of an occupied dwelling with a firearm] ... is a first-degree felony punishable by a term of years not exceeding life or up to 30 years. See also 775.082(3)(b), Fla. Stat. (2017). However, as the Defendant pointed out, the written judgment incorrectly lists [that offense] as a life felony. [ See] Flowers v. State, 16 So.3d 1047, 1047 (Fla. 1st DCA 2009) (remanding for the written judgment to be corrected where it listed the crime as a life felony rather than a first-degree felony punishable by life imprisonment).Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a) 4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.Over eighteen (18) years later, on November 8, 2022, Martin filed the “Motion Rule 60(b) for Relief of Judgment of Order.” ECF No. 10. He states that he “moves for relief of judgment/order entered in the above-styled and numbered cause” and indicates this motion “is filed pursuant to Fed. R. Civil P. 60(b)(6) catchall provision that allows the reopening of a judgement where the movant shows any other reasons that justifies relief, and there is not specific time limitation on a rule 60(b)(6) motion.” Id. at 1. He argues “the [state] trial court erred, abused its discretion and departed from the essential requirements of the law invading the province of the jury under the alternative theory in the imposition of a life sentence due to an unenforceable felony of battery that is a non-qualifying enumerated offense under the PRR statute 775.082 violating Petitioner's Fifth Amendment right of due process to the U.S. Constitutional right to a fair trial.” Id. at 5. Citing Hackley v. State, 95 So.3d 92 (Fla. 2012), he argues that “[t]he jury verdict reflects that [he] was convicted of a battery that did not qualify him for PRR sentencing.” Id. at 7. He further argues that, “[t]o… another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.Affirmed. See § 775.082(1), Fla. Stat. (1988) ("A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole . . . ."); State v. Ortiz, 79 So.3d 177, 179 (Fla. 3d DCA 2012) ("[B]ecause the defendant had already served his sentence to completion, the trial court lacked the authority to set it aside because the question became moot."); Fla. R. Crim. P. 3.850(f)(1) ("If the motion is insufficient on its face, and the time to file a motion under this rule has expired prior to the filing of the motion, the court shall enter a final appealable order summarily denying the motion with prejudice.").Defendant was not sentenced under the 10-20-life statute for possessing a firearm during the crime. Therefore, the fact the Information did not allege he possessed a firearm is of no moment. Defendant's sentence was enhanced because the offense of which he was properly convicted-Robbery with a Firearm under s. 812.13(2)(a)-subjected him to a mandatory life sentence as a prison releasee reoffender pursuant to Fla. Stat. § 775.082(9)(a)(3)(a).. . . . §§ 893.13(1)(a)(1), 775.082(3)(d), 893.03(2)(a)(4). . . .
. . . Timothy Riordan appeals his prison sentence, challenging the constitutionality of section 775.082(10) . . . Riordan argues that, even if section 775.082(10) was constitutional, the trial court failed to make sufficient . . . filed his appeal, the Florida Supreme Court ruled, consistent with Riordan's primary argument, that 775.082 . . . A trial court's finding of dangerousness pursuant to section 775.082(10) must be in writing and must . . . State, 219 So. 3d 167, 170 (Fla. 1st DCA 2017), an upward departure sentence imposed under 775.082(10 . . .
. . . sentence with judicial review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082 . . .
. . . He argued, in part, that section 775.082(10), Florida Statutes (2015), established a presumptive nonstate . . . Section 775.082(10), Florida Statutes (2015), provides: If a defendant is sentenced for an offense committed . . . The court did not rule on Piccinini's sentencing motion but complied with section 775.082(10) in sentencing . . .
. . . It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2002) ; England v. State, 940 So. 2d 389 (Fla. 2006) ; Williams v. . . .
. . . as a [PRR], the trial court must sentence the defendant in accordance with the provisions of section 775.082 . . . A trial court does not have discretion to depart from the sentence mandated by section 775.082(9), and . . .
. . . ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 . . .
. . . sentencing provisions enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082 . . .
. . . Lewars , 259 So. 3d 793 (Fla. 2018), appellant does not qualify as a PRR under section 775.082(9)(a) . . . Section 775.082(9)(a) 1.g., Florida Statutes (2017), provides that a defendant who commits a robbery . . .
. . . imposition of a sentence with review after 25 years for attempted first-degree murder conviction under § 775.082 . . .
. . . See § 775.082(1)(b) 1, Fla. . . . determine if life imprisonment is an appropriate sentence for a juvenile convicted of a capital felony. §§ 775.082 . . .
. . . commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082 . . . such property is $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . $ 200 but less than $ 1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2012) ; Williams v. State, 707 So. 2d 683 (Fla. 1998) ; Orjales v. . . .
. . . See § 775.082(10), Florida Statutes (2017). . . .
. . . lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s. 775.082 . . . Champagne's twenty-year sentence is clearly in excess of the maximum provided by section 775.082, Florida . . . range for sentencing shall be the [LPS] up to and including the statutory maximum, as defined in s. 775.082 . . . that "when section 921.0024(2) applies so that the statutory maximum sentence as provided in section 775.082 . . . [a] sentence imposed under [the CPC] which exceeds the statutory maximum penalty provided in s. 775.082 . . .
. . . Lewars, 259 So.3d 793 (Fla. 2018) (explaining that section 775.082(9)(a)(1), Fla. . . .
. . . See § 775.082(9)(a)1., Fla. . . . correctional facility operated by the Department of Corrections or a private vendor," as set forth in section 775.082 . . . three years of release from jail, rather than prison, does not satisfy the requirements of section 775.082 . . . qualified as constructive release from a correctional facility for purposes of PRR sentencing under section 775.082 . . .
. . . See § 775.082(1)(b)3., Fla. . . . remanding for the trial court to enter the written finding required by the applicable provision of section 775.082 . . .
. . . Stat. 775.082(2). . . .
. . . Fla. 2018) (holding that alternative definitions of "prison releasee reoffender" included in section 775.082 . . .
. . . Because he scored less than twenty-two sentencing points, Gaymon argues that pursuant to section 775.082 . . . However, pursuant to section 775.082(10), the trial court made written findings that Gaymon could present . . . Gaymon argues that the enhancement of his sentence under section 775.082(10) is unconstitutional because . . . There, the supreme court held that section 775.082(10) was unconstitutional as it applied to Brown because . . . case with instructions that the sentencing court resentence him under the prior version of section 775.082 . . .
. . . a public housing facility, a first-degree felony punishable by up to thirty years in prison, see §§ 775.082 . . . and to possession of cocaine, a third-degree felony punishable by up to five years in prison, see §§ 775.082 . . . See § 775.082(3)(e) ; Kelly v. State, 816 So.2d 1221, 1222 (Fla. 2d DCA 2002). . . .
. . . See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence for second-degree felony). . . .
. . . willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 . . . who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . committed when he was a juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082 . . .
. . . ), (2)(a), (2)(b), or (2)(c) 4. commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . . § 775.082(9)(a)3.a., Fla. Stat. . . . . §§ 810.02(3)(b), 775.082(9)(a) 3.c., Fla. Stat. . . .
. . . the opportunity for early release with a review hearing to be conducted in accordance with sections 775.082 . . .
. . . Florida Legislature enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . fails to provide for judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . .
. . . As required under section 775.082(9)(a)3., Florida Statutes, the court sentenced Appellant to life in . . . This is because section 775.082 only provides for a PRR life sentence for a felony punishable by life . . . . § 775.082(9)(a)3.a., Fla. . . . statute provides that the defendant must be sentenced to a term of imprisonment of thirty years. § 775.082 . . . Accordingly, Appellant must be resentenced to a legal sentence in accordance with section 775.082(9)( . . .
. . . State, 260 So.3d 147 (Fla. 2018) (holding that section 775.082(10), Florida Statutes (2015), violates . . .
. . . Denegal did not challenge his designation as a prison releasee reoffender pursuant to section 775.082 . . .
. . . $ 20,000 in any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . review after twenty-five years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . . express findings, and reduced those findings to writing in its resentencing order, as required by section 775.082 . . .
. . . See also §§ 775.082(9)(a)1.g. & q., Fla. . . . occupied structure" are qualifying offenses under the prison releasee reoffender provisions of section 775.082 . . . battery, the felony shall be reclassified from a second-degree felony to a first-degree felony); § 775.082 . . .
. . . victim 12 years or older were de facto life sentences and illegal under recent case law and sections 775.082 . . . entitled to resentencing under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082 . . . Graham are entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082 . . . has a right to be resentenced pursuant to the provisions of chapter 2014-220, codified at sections 775.082 . . .
. . . In 1988, when Honor committed the first-degree murder in this case, section 775.082(1), Florida Statutes . . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (2018). . . .
. . . Thus, absent a statutory change in Florida law, which authorizes capital punishment, see § 775.082(1) . . .
. . . See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. . . . of 25 years, it could not exceed the 30-year maximum penalty for a first-degree felony under section 775.082 . . .
. . . In Brown , the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), . . . for a third-degree felony would be "a term of imprisonment not exceeding 5 years" pursuant to section 775.082 . . . and its progeny, because the jury did not find that she presents a danger to the public under section 775.082 . . . State , 110 So.3d 962, 963 (Fla. 4th DCA 2013) ); see also id. at 1265-66 ("[S]ection 775.082(10) is . . . In order for a court to impose any sentence above a nonstate prison sanction when section 775.082(10) . . .
. . . the framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . . twenty-five (25) year sentences for first-degree felonies to include judicial review pursuant to sections 775.082 . . .
. . . person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . established in subsection (2): A person commits hazing, a third degree felony, punishable as provided in s. 775.082 . . . misdemeanor hazing: A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 . . .
. . . 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), requires the jury to make the factual finding under section 775.082 . . . court note and instruction: Give if the defendant was a juvenile at the time of the crime alleged. § 775.082 . . . See § 775.082(3)(a) 5, (3)(b) 2, Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(1)(b), Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(3), Fla. Stat. . . .
. . . the construction of one element of the definition of "prison releasee reoffender" provided in section 775.082 . . . from a state correctional facility operated by the Department of Corrections or a private vendor." § 775.082 . . . Section 775.082(9)(a)1. defines "prison releasee reoffender" as "any defendant who commits, or attempts . . . See § 775.082(9)(a)1. . . . Such circumstances are not attendant to section 775.082(9)(a)1. . . .
. . . because its finding that he posed a danger to the public warranting an enhanced sentence under section 775.082 . . . If the total sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine . . . After defense counsel objected under section 775.082(10)"that he scores less than 22 points and cannot . . . A trial court's findings of dangerousness pursuant to section 775.082(10) must be in writing and must . . . In considering an upward departure pursuant to section 775.082(10), courts have looked to factors such . . .
. . . See § 775.082(9), Fla. Stat. . . . His sentence was based on section 775.082(9), which requires a life sentence for a "Prison releasee reoffender . . .
. . . -i.] is murder in the first degree and constitutes a capital felony , punishable as provided in s. 775.082 . . . determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082 . . .
. . . Under section 775.082(3), the court must provide a nonhomicide juvenile offender, who is convicted of . . .
. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .
. . . under the juvenile sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . commutation of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . Section 775.082(2), Florida Statutes Next, Tisdale argues that he is entitled to automatic commutation . . . of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . State , 218 So.3d 416, 425 (Fla. 2017) (denying defendant's claim that section 775.082(2) mandates commutation . . .
. . . performance of its duties commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . See §§ 775.082 and 921.1402, Fla. Stat. (2016). . . . a review of his sentence after 20 years. §§ 775.082(3)(c), 921.1402(2)(d), Fla. . . . See §§ 775.082(1)(b) 1., 775.082(3)(a)5., 775.082(3)(b)2., Fla. Stat. (2016). . . . Further, section 775.082 does not distinguish between "homicide" and "nonhomicide" offenses. . . . Accordingly, we hold that the trial court properly sentenced Hurst under section 775.082(3)(a) 5.a. . . .
. . . felony, and a more severe penalty than the one deemed appropriate by the Legislature under section 775.082 . . . Stat. (2018) ; see § 775.082(3)(d), Fla. Stat. (2018). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2016), Appellant was entitled to a non-state prison . . . Appellant challenges the constitutionality of section 775.082(10), arguing that it is unconstitutional . . . State , 244 So.3d 1151 (Fla. 1st DCA 2018), where we held that section 775.082(10) was unconstitutional . . . Booker , we reverse Appellant's sentence and remand for resentencing under the prior version of section 775.082 . . . on Coffell's prior convictions when it decided to impose a state prison sentence pursuant to section 775.082 . . .
. . . (reclassifying a second-degree felony to a first-degree felony for use of a firearm); § 775.082(3)(b) . . .
. . . . § 775.082(3)(e). Id. § 784.041(1)(b). Id. § 784.041(2)(a). Minn. Stat. § 609.223 subd. 1. Fla. . . . See id. § 775.082(3)(d). Utah Code § 76-6-409.8(2). Id. § 76-3-203(2). Mass. Gen. . . .
. . . If sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and the Criminal . . . Punishment Code must be filed in addition to any sentencing documents filed under section 775.084 or section 775.082 . . . be the lowest permissible sentence up to and including the statutory maximum, as defined in section 775.082 . . . lowest permissible sentence under the Code exceeds the statutory maximum sentence as provided in section 775.082 . . . ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section 775.082 . . .
. . . 452, 453 (Fla. 2015), and he was resentenced to two life terms and two forty-year terms under section 775.082 . . . Therefore, we remand for the trial court to resentence Washington under section 775.082(1)(b)(2). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2015), the trial court was required to sentence Jackson . . . Jackson now raises a constitutional challenge to section 775.082(10), arguing that a jury, not a judge . . . There, we held that section 775.082(10) was unconstitutional as it applied to Booker because it authorized . . . Booker , we reverse Jackson's sentence and remand for resentencing under the prior version of section 775.082 . . .
. . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . available for a capital felony were death or life. § 775.082, Fla. . . . Section 775.082(2) dealt with the death penalty. Id. . . . "by a term of imprisonment not exceeding 15 years." § 775.082(3)(d), Fla. . . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . Accordingly, I would conclude, based upon this Court's opinion in Henry , that sections 775.082(1)(b) . . . required the trial court to consider and modify Purdy's aggregate sentence at the resentencing hearing. §§ 775.082 . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . . Contrary to the plurality's assertions, a constitutional interpretation of sections 775.082(1)(b) and . . . Accordingly, I would conclude, as this Court has done previously, that section 775.082(1)(b) afforded . . .
. . . with the opportunity for early release with a review hearing to be held in accordance with sections 775.082 . . .
. . . proceed with its previously-filed notices to classify Baugh as both a PRR and an HFO under sections 775.082 . . .
. . . argued that the State untimely filed its notice that it was seeking to sentence Appellant under section 775.082 . . .
. . . and habitual offender sentencing enhancements in section 775.084, Florida Statutes (2007), section 775.082 . . .
. . . or invited to enter; ... (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and its progeny, as well as sections 775.082 . . . on appeal, that such a sentence is contrary to the principles of Graham , its progeny, and sections 775.082 . . .
. . . sentence for offenses he committed while a juvenile and remanding for resentencing pursuant to sections 775.082 . . .
. . . 775.087(1)(a) and 782.04(2), Florida Statutes (2015), Wall should have been sentenced under section 775.082 . . . We, therefore, remand for resentencing on Count One pursuant to section 775.082(3)(b)2.b. . . . sentence review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015). § 775.082 . . .
. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . . Id. §§ 316.183(7), 775.082(5), 775.083(1)(e). . . .
. . . DCA 2017), we held that the trial court did not err in making the written finding required by section 775.082 . . . answered this question and held that " Alleyne requires the jury to make the factual finding under section 775.082 . . . cannot be deemed harmless, the proper remedy is to resentence the juvenile offender pursuant to section 775.082 . . . for the murder conviction and remand for Leppert to be resentenced on that charge pursuant to section 775.082 . . .
. . . punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082 . . .
. . . See § 775.082(1)(b)1., Fla. Stat. (2017). . . . in 2022, we conclude the defendant is correct and that he is entitled to resentencing under sections 775.082 . . . See § 775.082(1)(b) 1., Fla. Stat. (2017). . . . Florida's objective parole guidelines, an individual who was convicted of a capital offense under section 775.082 . . . provided only for the death penalty or life with the possibility of parole after twenty-five years. § 775.082 . . .
. . . which the maximum penalty which may be imposed does not exceed 60 days' imprisonment as set forth in s. 775.082 . . .
. . . after 15 years, if the juvenile offender is sentenced to a term of more than 15 years under sections 775.082 . . . (1)(b)2., 775.082(3)(a)5.b., or 775.082(3)(b)2.b., Florida Statutes." . . . Section 775.082(3)(b)(2)(b) applies to defendants convicted of violations of section 782.04 which are . . .
. . . another person to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . violators be 'punished to the fullest extent of the law,' is the same clear intent expressed in section 775.082 . . .
. . . See § 775.082(9)(b), Fla. Stat. (2003). . . .
. . . . § 775.082(3)(a). . . . . § 775.082(3)(b)(1). . . . . § 775.082(3)(d). . . . . § 775.082(3)(e). . . . See § 775.082(2). . . .
. . . See, e.g. , §§ 775.082, 921.141(1), Fla. Stat. (2017). Second, we turn to Rule 3.181. . . .
. . . felony of the first degree, punishable for a term of years not exceeding life or as provided in s. 775.082 . . . 2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082 . . . (4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082 . . . 775.084. (6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . . 7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . .
. . . Florida Legislature adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . In 2014, the Florida Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . defendant's sentence to allow for a review hearing without also holding a resentencing hearing under sections 775.082 . . .
. . . other deadly weapon, then the robbery is a felony of the first degree, punishable ... as provided in s. 775.082 . . .
. . . Stat. (2015) (defining child neglect); § 775.082(3)(d) (establishing permissible sentence). . . .
. . . of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . ." § 775.082(4)(a), Fla. Stat. (2014). . . .
. . . an enumerated offense under the PRR statute, the offense can only qualify if it falls under section 775.082 . . . the nonforce option of mere touching, that offense cannot support the PRR enhancement under section 775.082 . . . Section 775.082(8)(a)1.o. was renumbered in 1998 to 775.082(9)(a)1.o. . . .