Keaton v. State
District Court of Appeal of Florida
1Opinion of the CourtW. Sharp, J.
Keaton appeals from a denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 for post conviction relief. We affirm in part, and reverse as to the two sentencing error issues raised in grounds 11 and 12 of Keaton’s motion: that the trial court erroneously thought it had no discretion but to impose the minimum mandatory term under the habitual violent felony offender statute; and that the two life sentences he received under the habitual violent offender statute for sexual battery exceed the enhanced statutory maximum sentence of thirty years for a second degree felony.
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2Cases cited5 opinions
- State v. HudsonSupreme Court of Florida · 1997
- Martin v. StateDistrict Court of Appeal of Florida · 1992
- Archibald v. StateDistrict Court of Appeal of Florida · 1994
- Newell v. StateSupreme Court of Florida · 1998
- Newman v. StateDistrict Court of Appeal of Florida · 1999