Frison v. State
2011 Fla. App. LEXIS 20893
Fla. Dist. Ct. App.2011Background
- Frison was convicted in 1989 of sexual battery with a deadly weapon, life felony under 794.011(3).
- He was initially sentenced to 100 years, later resentenced to life after appeal.
- Frison filed a pro se Rule 3.800 motion to correct illegal sentence citing Graham v. Florida (2010).
- The State conceded Graham applied, making his life sentence without parole illegal, and the court resentenced him to 40 years plus community control and life probation.
- The resentencing hearing occurred without Frison's counsel or notice, and Frison did not know a resentencing would occur.
- The court based the resentencing on the Rule 3.800 motion; no ambiguity about ministerial action or right to counsel is found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether resentencing without counsel violated due process | Frison was entitled to counsel at resentencing | Resentencing was ministerial after Graham, no need for counsel | Reversed; due process requires counsel at resentencing. |
| Whether resentencing was a ministerial act | Resentencing was not merely ministerial; rights attach | Act was ministerial since parties agreed on outcome | Not ministerial; requires new hearing with counsel. |
| Whether Graham applies to Frison’s sentence | Graham makes life without parole for juveniles illegal | Graham does not force resentencing in all scenarios | Graham applies; life without parole illegal for juvenile offender. |
| Whether due process notice/hearing rights were violated | Frison lacked notice and opportunity to be heard | Rights purportedly satisfied by prior proceedings | Due process violated; must conduct new resentencing with counsel. |
Key Cases Cited
- State v. Collins, 985 So.2d 985 (Fla.2008) (resentencing is a new proceeding; due process applies)
- Stang v. State, 24 So.3d 566 (Fla.2d DCA 2009) (right to notice and to be heard at resentencing)
- Payne v. State, 38 So.3d 827 (Fla.1st DCA 2010) (appointed counsel at resentencing when Rule 3.800 granted)
- Mahone v. State, 39 So.3d 1278 (Fla.5th DCA 2010) (indigent defendant entitled to counsel at resentencing after 3.800)
- Graham v. Florida, 560 U.S. 48 (U.S.2010) (juvenile life-without-parole restrictions apply; Graham governs)