WAYMON BISHOP, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEES
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 the admission of collateral crimes evidence was proper and that the sentencing was not vindictive due to mandatory sentencing statutes.
The appellant was convicted of sexual battery and kidnapping and sentenced as a Prison Release Reoffender and habitual violent felony sexual offender.…
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 Mandatory Sentencing cases and more on FLexlaw
PER CURIAM.
Waymon Bishop appeals the trial court’s final judgment of conviction and sentence to life in prison. Finding no merit in either of Bishop’s two points on appeal, we affirm.
Bishop first assigns error to the admission of collateral crimes evidence. We agree with the trial court that the collateral evidence was sufficiently similar to be admissible to prove the victim’s lack of consent, as well as Bishop’s planning, identity and pattern of behavior. On the issue of sentencing vindictiveness, the record reflects that Bishop was convicted on three counts of sexual battery on a victim over twelve years of age and one count of kidnapping. He was then sentenced as a Prison Release Reof-fender and a habitual violent felony sexual offender to life in prison for the kidnapping count and thirty years for the three counts of sexual battery. Each sentence imposed was ordered to run concurrently. There can be no allegation of vindictiveness where the trial court merely sentenced the defendant pursuant to the mandatory sentence specified in the Prison Releasee Reoffender statute, section 775.082(9), Florida Statutes (2001). The trial court had no discretion to impose a lower sentence.
Affirmed.