Cazares v. State
127 So. 3d 828
| Fla. Dist. Ct. App. | 2013Background
- Cazares pleaded no contest in 1995 to three counts of attempted sexual battery on a child and three counts of sexual activity with a child by a person in familial custodial authority.
- The trial court sentenced 10 years for attempted-sexual-battery charges with a consecutive 15-year term and 10 years’ probation on the sexual-activity charges.
- In 2010, the State filed a violation of probation; after revocation, the court imposed 30 years on attempted-sexual-battery charges and 5 years on sexual-activity charges, consecutive.
- Cazares moved under Fla. R. Crim. P. 3.800(b)(1) to correct an illegal sentence, arguing the attempted-sexual-battery sentences should be vacated as those counts were not placed on probation.
- The trial court vacated the attempted-sexual-battery sentences but, on State’s motion, increased the sexual-activity sentences to reflect the intended thirty-year aggregate.
- On appeal, Cazares argued the trial court erred in increasing the sexual-activity sentences after he had begun serving those sentences and without challenging them in the Rule 3.800 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy on resentencing after service | Cazares (Ashley) argues increases violate double jeopardy. | State contends overall thirty-year package justifies adjustment. | Erred; reverse and remand for reinstatement of original sentences. |
| Rule 3.800 motion scope and counts | Motion targeted only attempted-sexual-battery counts. | Court can adjust the aggregate package. | Cannot increase unchallenged counts; error remanded for reinstatement. |
Key Cases Cited
- Ashley v. State, 850 So.2d 1265 (Fla. 2003) (double jeopardy limits on resentencing after service)
- Taylor v. Dugger, 527 So.2d 891 (Fla. 1st DCA 1988) (consecutive sentence timing from imposition date)
- Falagan v. Wainwright, 195 So.2d 562 (Fla.1967) (guidance on vacating first sentence and recalculating)
- Helton v. Mayo, 15 So.2d 416 (Fla.1943) (early authority on sentence calculation)
- Delemos v. State, 969 So.2d 544 (Fla. 2d DCA 2007) (rule 3.800 scope on counts)