CHARLES L. BAUGHN, SR., APPELLANT,
v.
L.L. WAINWRIGHT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a motion to correct sentence, not a petition for habeas corpus, is the proper remedy for a sentencing error, and that concurrent sentences are subsumed by the longer term.
Baughn received a four-year sentence for prior offenses and a subsequent ten-year sentence for new offenses to run concurrently. He believed the four-…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentence Calculation cases and more on FLexlaw
MILLS, Judge.
Baughn appeals from the denial of his petition for habeas corpus seeking correction of his sentence. We affirm.
In July 1983, Baughn received four years imprisonment after violating his probation on two worthless check charges (Case No. 80-6588). He was later convicted on four additional worthless check charges and sentenced to 30 months for each count to run consecutively to each other (for a total of 10 years) and concurrently with the four-year sentence in Case No. 80-6588.
After he was informed by the Department of Corrections that his total sentence was 10 years, he filed a petition for habeas corpus with the trial court seeking correction of his sentence to reflect a total term of four years. Baughn reasoned that, because the 10-year sentence was set to run concurrently with the previously imposed four-year term, the latter term should be dominant. The trial court denied the petition. We agree.
First of all, the correct remedy for a sentencing error such as is alleged by Baughn is a motion to correct sentence pursuant to Fla.R.Crim.P. 3.850, not a petition for habeas corpus. However, we will treat the remedy sought as though it were correct, and conclude that the trial court acted properly in denying the relief sought. The shorter of two concurrent sentences is naturally subsumed within the longer, here resulting in a total term of ten years.
AFFIRMED.
SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Anderson v. State, 617 So. 2d 827 (Fla. 1st DCA 1993)…, and Fletcher v. State, 538 So. 2d 1350 (Fla. 2d DCA), review denied, 545 So. 2d 1367 (Fla.1989), as a logical extension of the rule that “[t]he shorter of two concurrent sentences is naturally subsumed within the longer.” See Baughn v. Wainwright, 476 So. 2d 792, 793 (Fla. 1st DCA 1985). In Daniels, the defendant was sentenced to twenty-two years for kidnapping, five years for burglary, five years for attempted sexual battery, and one year for trespass, all felony sentences to be served concurrently, and c…
-
Johnson v. State, 482 So. 2d 589 (Fla. 1st DCA 1986)…s Cum Cause Leacum in Good Faith Alternative Rule Nisi.” The grounds alleged in the pleading should be raised in a rule 3.850 motion for post-conviction relief. While we may treat the petitioner’s pleading as such a motion, see Baughn v. Wainwright, 476 So. 2d 792 (Fla. 1st DCA 1985), the pleading fails to conform to the requirements of rule 3.850. The order denying the petition is affirmed without prejudice to file a properly framed motion complying with that rule. THOMPSON, ZEHMER and BAR-FIELD, JJ., conc…