Cortez Hatten v. State of Florida
203 So. 3d 142
| Fla. | 2016Background
- Cortez Hatten was convicted of attempted second-degree murder (count III) and the jury found he actually possessed and discharged a firearm causing death or great bodily harm.
- The trial court sentenced Hatten on count III to a total of 40 years with a 25-year mandatory minimum under Fla. Stat. §775.087(2) (the "10-20-Life" statute).
- The statutory maximum for a first-degree felony under general sentencing law is 30 years (Fla. Stat. §775.082(3)(b)).
- Hatten challenged the sentence as illegal because the 40-year term exceeded the 30-year statutory maximum for the offense.
- The First District affirmed relying on Kelly v. State and certified conflict with several district court decisions (Second, Fourth, and Fifth) that held a trial court may not impose a total sentence exceeding the statutory maximum unless additional statutory authority exists.
- The Florida Supreme Court quashed the First District, holding that the trial court could not impose the 40-year aggregate sentence absent statutory authority for the portion of the sentence exceeding the 10-20-Life mandatory minimum, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may lawfully impose a total sentence greater than the statutory maximum for the offense when it also imposes a 10-20-Life mandatory minimum shorter than that total | Hatten: 40-year total (with 25-yr min) is illegal because it exceeds the 30-year statutory maximum for a first-degree felony | State/First DCA: Court may impose an aggregate sentence in addition to the selected 10-20-Life mandatory minimum without other statutory authority (per Kelly) | Held: Illegal — court may impose only the 10-20-Life mandatory minimum unless additional statutory authority authorizes the excess; remand for resentencing |
| Whether §775.087(2)(b) authorizes imposing a longer total sentence in addition to the 10-20-Life minimum absent other statute | Hatten: §775.087(2)(b) does not authorize a greater aggregate sentence beyond the selected mandatory minimum | State: §775.087(2)(b) permits imposing a longer sentence "as authorized by law," and First DCA read it to allow added years | Held: §775.087(2)(b) allows longer sentence only if authorized by some other statute; it does not by itself authorize an aggregate sentence beyond the selected minimum |
| Effect of Mendenhall (whether 10-20-Life can provide a mandatory minimum that exceeds general statutory maximums) | Hatten: Mendenhall allows imposition of a mandatory minimum (25-to-life) even if it exceeds general statutory maximums, but that is distinct from imposing an aggregate sentence | State/First DCA: Mendenhall was read to permit broader sentencing flexibility under 10-20-Life | Held: Court reaffirmed Mendenhall’s holding that a court may select a 10-20-Life mandatory minimum that exceeds the general maximum, but clarified that if the judge imposes additional years beyond the selected 10-20-Life minimum, those added years require separate statutory authority |
| Remedy when aggregate sentence lacks statutory authority | Hatten: Sentence must be corrected | State: First DCA affirmed sentence | Held: Quash First DCA; remand for resentencing consistent with requirement that any excess years be statutorily authorized |
Key Cases Cited
- Mendenhall v. State, 48 So. 3d 740 (Fla. 2010) (held trial court may select a 10-20-Life mandatory minimum that exceeds the general statutory maximum)
- Hatten v. State, 152 So. 3d 849 (Fla. 1st DCA 2014) (First DCA opinion under review; affirmed sentence per Kelly and certified conflict)
- Kelly v. State, 137 So. 3d 2 (Fla. 1st DCA 2014) ( First DCA held courts may impose a sentence in addition to chosen 10-20-Life minimum without separate statutory authority)
- Wiley v. State, 125 So. 3d 235 (Fla. 4th DCA 2013) (held trial court may not impose an aggregate sentence exceeding the statutory maximum absent other statutory authority)
- Levine v. State, 162 So. 3d 106 (Fla. 4th DCA 2014) (reversed an aggregate 50-year sentence where only a 25-year 10-20-Life minimum was imposed)
- Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010) (held that imposing a 25-year minimum under 10-20-Life does not create a new statutory maximum permitting a greater aggregate sentence)