5D04-1419 William Powell v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1419

Case Date: 08/23/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

WILLIAM PAUL POWELL, JR., Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed August 27, 2004 3.800 Appeal from the Circuit Court for Marion County, David B. Eddy, Judge. William Paul Powell, Jr., Century, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Powell appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. He argues that because the two crimes for which he was sentenced arose out of the same criminal episode, and because one sentence was a Prison Releasee Reoffender (PRR) sentence, the court could not require the two sentences be served consecutively. We affirm. CASE NO. 5D04-1419 (CORRECTED)

In this case, Powell was charged with three felonies; kidnapping while armed,1 carjacking while armed2 and sexual battery while armed.3 All three carry potential life sentences. Pursuant to a plea bargain, Powell pled guilty to false imprisonment (a lesser included offense of kidnapping) and aggravated battery (a lesser included offense of sexual battery), and the state nolle prossed the carjacking count. The trial court sentenced Powell to 5 years in prison, a PRR sentence, for false imprisonment and for the aggravated battery, to a non-PRR sentence of 1.8 years in prison, followed by 3.2 years on probation, to be served consecutively. The total of the 2 sentences is 10 years. According to Powell's sentencing scoresheet, 10 years was the maximum sentence under the Criminal Punishment Code. The 10 years also did not exceed the statutory maximum sentences which Powell could have received

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