Morgan v. State
12-1848
| Fla. Dist. Ct. App. | Nov 29, 2017Background
- Morgan pleaded guilty to armed sexual battery and armed robbery; each count alleged possession of a firearm.
- The trial court imposed two consecutive 10-year mandatory minimum sentences under the 10-20-Life statute (§ 775.087(2)(a)1.).
- Morgan moved under Fla. R. Crim. P. 3.800(a) to vacate the consecutive mandatory minimums as illegal; the trial court denied relief.
- This court initially affirmed, but the Florida Supreme Court quashed that decision and remanded for reconsideration in light of Walton v. State and Williams v. State.
- On remand, the appellate court ordered supplemental briefing, concluded Morgan must be permitted to amend his 3.800(a) motion to show entitlement to relief on the face of the record, and reversed and remanded for further proceedings.
- The court directed the trial court to allow Morgan 60 days to file an amended motion, hold appropriate hearings, and appoint conflict-free counsel for proceedings on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive 10-year mandatory minimums under 10-20-Life are permissible where offenses arose in one episode and firearm was not discharged | Morgan: Sentences are illegal and should run concurrently because offenses arose from same criminal episode and firearm was not discharged | State: Trial court properly imposed consecutive mandatory minimums | Court: Did not decide merits; remanded to allow Morgan to amend 3.800(a) to show entitlement on face of record |
| Standard for relief under Fla. R. Crim. P. 3.800(a) — burden of proof | Morgan: Relief appropriate if record shows illegality; should be allowed to amend to demonstrate that | State: No obligation to disprove claim unless petitioner establishes entitlement on the record | Court: Burden is on petitioner to demonstrate entitlement to relief on the face of the record; ordered opportunity to amend per Johnson and Williams/Walton guidance |
| Effect of Walton and Williams on prior appellate ruling | Morgan: Supreme Court’s Williams/Walton decisions support relief when firearm merely possessed and offenses are same episode | State: Prior affirmance still valid absent facial record demonstration | Court: Supreme Court’s holdings required reconsideration; remand for compliance with those precedents |
| Procedural relief on remand (counsel and hearings) | Morgan: Should receive appointed, conflict-free counsel and hearings on amended motion | State: No dispute about procedural steps once remanded | Court: Ordered appointment of conflict-free counsel, allowed 60 days to amend, and directed trial court to hold hearings as appropriate |
Key Cases Cited
- Walton v. State, 208 So. 3d 60 (Fla. 2016) (reaffirmed that consecutive mandatory minimums under 10-20-Life are generally impermissible when offenses arise from same episode and firearm was not discharged)
- Williams v. State, 186 So. 3d 989 (Fla. 2016) (held consecutive mandatory minimums under 10-20-Life impermissible where offenses arose from same episode and firearm was not discharged)
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (petitioner bears burden to demonstrate entitlement to relief on face of record under rule 3.800(a))
- Morgan v. State, 137 So. 3d 1075 (Fla. 3d DCA 2014) (earlier appellate decision in this matter)