Martinez v. State
Annotate this CaseAfter a jury trial, Defendant was found guilty of one count of robbery with a firearm. The jury also found that Defendant did “actually possess” a firearm during the robbery. The trial court sentenced Defendant to twenty-five years in prison and, based on the finding of actual possession, imposed a ten-year mandatory minimum sentence. The Fourth District Court of Appeal affirmed the conviction and sentence. Defendant later filed a motion to correct illegal sentence, arguing that his sentence was illegal because the allegation in the information that he carried a firearm was not sufficient to place him on notice that he was subject to an enhanced sentence. The circuit court denied the motion. The Fourth District affirmed, concluding that Defendant waived any challenge to the sufficiency of the information or the imposition of a mandatory minimum sentence. The Supreme Court approved the Fourth District’s decision, holding that the alleged defect in the charging document did not result in an illegal sentence subject to correction under Fla. R. Crim. P. 3.800(a).
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