Scott v. State

WELLS, Judge.

Martin Scott appeals the summary denial of his rule 3.850 motion for post-conviction relief claiming that the trial court erred in imposing a ten year mandatory minimum on his Habitual Violent Offender sentence for robbery by sudden snatching, a third degree felony. See § 812.131, Fla. Stat. (2001). We agree. Where a third degree felony is involved, section 775.084(4)(b)3 makes an offender ineligible for release for five years. The 10 year mandatory minimum sentence imposed on Scott’s third degree felony is, therefore, illegal and must be reduced on remand to five years. See…