DARREL WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-01-14
No. 92-3108
GOSHORN and DIAMANTIS, JJ., concur.
630 So. 2d 1186 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 4 cases
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Mandatory Minimum Sentence

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Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Darrel Wilson appeals the trial court’s sentence after the entry of his plea to two counts of capital sexual battery, a violation of section 794.011(2), Florida Statutes (1991). The state concedes error. We affirm the judgment, but modify the sentence.

After entering his plea, Wilson was sentenced to life imprisonment with credit for 192 days time served on each count. The two counts were to run concurrently. Wilson, pursuant to section 775.082(1), Florida Statutes (1991), is required to serve a minimum mandatory 25 years in the Department of Corrections. There is no error in this phase of the sentencing. Unfortunately, the trial judge did not stop there. He also sentenced Wilson to a life term of probation which is to follow his prison sentence. This sentence is error. Life probation may not follow a sentence of life imprisonment for capital sexual battery. The only sentence that can be imposed is life imprisonment with a minimum mandatory 25 years. See Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991). The judgment is affirmed, but the sentence is modified to delete the life probation.

AFFIRMED as modified.

GOSHORN and DIAMANTIS, JJ., concur.

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Citator

Cited By

  • State v. Chaves-Mendez, 809 So. 2d 910 (Fla. 5th DCA 2002)
    …Stat. (2001). . Upon remand, we direct the court’s attention to the fact that the only sentence that can be imposed for a conviction on capital sexual battery is life imprisonment with a minimum mandatory of twenty five years. See Wilson v. State, 630 So. 2d 1186 (Fla. 5th DCA 1994).…
  • Adkins v. State, 649 So. 2d 345 (Fla. 5th DCA 1995)
    …he judgment. The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So. 2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision. We vacate the sentence and remand for imposition of a legal sentence. SENTENCE VACATED; REMANDED. HARRIS,…

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