Burks v. State
237 So. 3d 1060
| Fla. Dist. Ct. App. | 2017Background
- In 2007 Brandon Burks was convicted of aggravated assault with a firearm, attempted first-degree murder with a firearm, and resisting an officer without violence; the jury found he discharged a firearm causing great bodily harm during the attempted murder.
- The trial court sentenced Burks to natural life under the Prison Releasee Reoffender (PRR) statute for attempted first-degree murder and did not impose a concurrent 25-years-to-life mandatory minimum under the 10/20/Life statute (section 775.087(2)(a)(3)).
- On direct appeal the convictions and sentences were affirmed. In 2016 Burks filed a Florida Rule of Criminal Procedure 3.800(a) motion asserting his sentence was illegal because the trial court failed to impose the mandatory minimum under 10/20/Life.
- The State conceded that imposing a concurrent 25-year mandatory minimum would have been proper but argued Burks’s life sentence under PRR rendered the sentence legal.
- The trial court denied the 3.800(a) motion and rehearing; the district court reversed, holding the trial court had a nondiscretionary duty to impose the 10/20/Life mandatory minimum concurrently with the PRR sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to impose the 10/20/Life mandatory minimum renders the sentence illegal | Burks: trial court had a nondiscretionary duty to impose the 25-years-to-life mandatory minimum because he discharged a firearm causing great bodily harm | State: life sentence under PRR was lawful and therefore the sentence was legal on its face | Court: Reversed — failure to impose the 10/20/Life mandatory minimum made the sentence illegal; the 10/20/Life minimum must be imposed concurrently with PRR sentence |
| Whether 10/20/Life or PRR controls when they conflict | Burks: specific 10/20/Life mandatory-minimum provisions control and must be imposed even if less than PRR | State: PRR statutory maximums take precedence, making 10/20/Life unnecessary | Court: Specific provisions of 10/20/Life control over general PRR provisions; mandatory minimum must be imposed concurrently (per McDonald and Mendenhall) |
Key Cases Cited
- McDonald v. State, 957 So. 2d 605 (Fla. 2007) (10/20/Life mandatory minimum must be imposed concurrently with PRR sentence; specific 10/20/Life provisions control over general PRR provisions)
- Mendenhall v. State, 48 So. 3d 740 (Fla. 2010) (trial court has discretion to impose a 25-years-to-life mandatory minimum under section 775.087(2)(a)(3) even if that exceeds statutory maximums in section 775.082)
- Martinez v. State, 211 So. 3d 989 (Fla. 2017) (Rule 3.800(a) allows correction of illegal sentences shown on the face of the record)