98 So. 3d 198
Fla. Dist. Ct. App.2012Background
- Dominguez appeals a postconviction order denying a motion to correct illegal sentence, treated as a 3.800(a) motion.
- Dominguez pleaded to felony battery under 784.03 in exchange for a five-year PRR sentence.
- He argues the PRR sentence is illegal because felony battery is not a qualifying offense nor a forcible felony for PRR purposes.
- He relies on Spradlin v. State to support that simple battery may not satisfy the PRR catchall.
- The court notes a distinction: felony battery under 784.041 can qualify for PRR; simple battery may not.
- Although the plea was negotiated, challenged relief requires withdrawal of the plea, so 3.850 is the proper vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the sentence illegal because felony battery qualifies for PRR? | Dominguez argues 784.03 is not PRR-qualifying. | State contends some felony batteries can qualify when meeting forcible felony criteria. | Not resolved here; case remanded for 3.850 relief. |
| Does Spradlin control whether felony battery supports PRR under the catchall? | Spradlin shows simple battery may not meet catchall. | State argues classification distinctions may allow PRR for certain battery offenses. | Spradlin supports potential non-qualification; implications deferred on remand. |
| Should the court treat the 3.800(a) motion as a 3.850 motion? | Motion timely under 3.850, could be treated as such. | Procedural posture favors 3.800(a) or dismissal, not 3.850. | Remand to treat as 3.850 with amendment window. |
| Does a negotiated plea waive the right to challenge an illegal sentence? | Right to challenge an illegal sentence not waived by plea. | Plea terms could limit relief; withdrawal may be required. | Not waived; relief requires plea withdrawal under 3.850. |
| What is the proper remedy on remand? | Strike facial insufficiency and allow amendment within 30 days. | Remand for proper 3.850 consideration without amendment. | Reverse and remand for 3.850 relief; strike insufficiency and permit amendment. |
Key Cases Cited
- Spradlin v. State, 967 So.2d 376 (Fla. 4th DCA 2007) (simple battery may not satisfy PRR catchall)
- Johns v. State, 971 So.2d 271 (Fla. 1st DCA 2008) (simple battery reclassified cannot support PRR)
- Torbert v. State, 832 So.2d 203 (Fla. 4th DCA 2002) (illegal sentence not waived by negotiated plea)
- Wheeler v. State, 864 So.2d 492 (Fla. 5th DCA 2004) (illegal sentence not cured by plea agreement)
- Nedd v. State, 855 So.2d 664 (Fla. 2d DCA 2003) (plea withdrawal required for 3.850 relief)
- Brooks v. State, 93 So.3d 402 (Fla. 2d DCA 2012) (PRR catchall requires forcible or violent felony basis)
- State v. Williams, 9 So.3d 658 (Fla. 4th DCA 2009) (distinguishes 784.041 qualifying force)