Nettles v. StateNettles v. State
We have for review the decision in Nettles v. State, 819 So.2d 243 (Fla. 1st DCA 2002), which certified conflict with the decisions in State v. Wilson, 793 So.2d 1003 (Fla. 2d DCA 2001), and Irons v. State, 791 So.2d 1221 (Fla. 5th DCA 2001). We have jurisdiction. See
The issue presented in Nettles is whether it is permissible for a defendant to be sentenced under both the PRRPA and the CPC. This issue arises due to that which is argued to be somewhat conflicting language in provisions of both statutory schemes. In relevant part, the PRRPA provides:
If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:
....
d. For a felony of the third degree, by a term of imprisonment of 5 years.
(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.
(d) 1. It is the intent of the Legislature that offenders previously released from prison who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection....
The First District‘s decision in Nettles provides the relevant facts:
On July 30, 2001, [Marvin Nettles] entered a plea to two counts of attempted lewd and lascivious conduct, a third-degree felony, in exchange for concurrent PRRPA and CPC sentences of 66.4 months. [Nettles] does not dispute that he qualifies as a prison releasee reoffender. During the plea colloquy, the judge adequately advised [Nettles] that the PRRPA designation would cause him to serve the entire sentence day-for-day. See
§ 775.082(9)(b), Fla. Stat. (2000) . Nevertheless, [Nettles] subsequently filed a Rule 3.800(b)(2) motion to correct sentencing error, alleging that his sentence was illegal pursuant to State v. Wilson, 793 So.2d 1003 (Fla. 2d DCA 2001), and Irons v. State, 791 So.2d 1221 (Fla. 5th DCA 2001). The trial court denied the motions:The Defendant makes one claim of sentencing error. He alleges that the trial court erred in sentencing the Defendant under both the Prison Releasee Reoffender Punishment Act (PRRPA) and the Criminal Punishment Code (CPC) sentencing guidelines. The Defendant cites two very recent decisions from the Second and
Fifth District Courts of Appeal in support of his instant motion. This Court finds that the Defendant‘s argument is without merit.
Under these facts, where a defendant‘s minimum CPC sentence is greater than the sentence provided for by the PRRPA, the sections of the PRRPA excerpted above pose an interpretation concern. While section 775.082(9)(c) authorizes a greater sentence under the habitual offender statute, or any other provision of law, section 775.082(9)(a)3. specifically excludes sentencing under the guidelines and mandates a five-year sentence. However, here, if the defendant is sentenced to only five years pursuant to the PRRPA, his sentence would not be to the fullest extent of the law as authorized by the CPC, and intended by the Legislature under section 775.082(9)(d)1. of the PRRPA.4
The facts presented in Wilson are very similar to the facts presented in Nettles. In Wilson, the defendant was eligible for sentencing under the PRRPA, but his minimum sentence under the sentencing guidelines at that time was greater than the sentence provided in the PRRPA.5 See 793 So.2d at 1004. Noting the somewhat conflicting provisions of the PRRPA,6 the Second District concluded that “the clear and unambiguous meaning of the [PRRPA]” could be ascertained through the language of the PRRPA providing, “such defendant is not eligible for sentencing under the guidelines.” Id. at 1005. Following this reasoning, the district court concluded that “a defendant sentenced under section 775.082(8) cannot be sentenced under the sentencing guidelines and must be sentenced according to the provisions of the PRRPA.” Id.
The next step in the district court‘s analysis was to determine whether the provision of the PRRPA authorizing the imposition of a greater sentence under either the habitual offender statute or “any other provision of law” prevailed over the PRRPA‘s exclusion of a sentence pursuant to the guidelines. See id.7 The court examined the issue under two principles of statutory construction. First, the court held that a general provision cannot override a specific exclusion. See id. at 1006. Therefore, the general language of “any other provision of law” could not supersede the specific provision excluding sentencing under the guidelines. See id. Second, the court applied the principle of ejusdem generis, which provides that “where an enumeration of specific things is followed by
Having determined that the provision of the PRRPA which specifically precludes sentencing under the guidelines should take precedence, the Wilson court held that the defendant should be sentenced only pursuant to the mandatory sentence provided by the PRRPA, and could not be subject to the greater sentence under the guidelines. See id. The court recognized that its holding was probably contrary to the legislative intent of the PRRPA, but reasoned that because the language of the statute created an ambiguity, it was necessary to interpret the ambiguity in the manner most favorable to the defendant. See id.
The Fifth District, in Irons, followed the holding and reasoning of the Wilson court when presented with the identical issue.8 As in Wilson, the Fifth District also noted that the result probably did not comport with the legislative intent. The court acknowledged:
We agree with Judge Stringer‘s well-reasoned opinion in Wilson, although we also think the Legislature probably did not intend this result. No doubt in writing this statute it contemplated that the mandatory prison releasee reoffender sentences would exceed the guidelines sentences. However, in this case as well as in Wilson, that was not the situation because of the extensive prior criminal records of the defendants. This may be an issue the Legislature should consider revising in the future, if the results reached in this case and Wilson are not what was intended.
Contrary to the holdings in Wilson and Irons, the Nettles court determined that Nettles’ sentence of 66.4 months was not illegal because, according to the First District‘s analysis, the sentence was authorized by both the CPC and the PRRPA. See Nettles, 819 So.2d at 247. Specifically, the court reasoned:
We read the subsections at issue in pari materia, and in light of the legislative direction that offenders previously released from prison “be punished to the fullest extent of the law and as provided in this subsection ....”
§ 775.082(9)(d)1., Fla. Stat. (2000) . Accordingly, once a defendant is properly designated as a prison releasee reoffender, the defendant would not be barred from a CPC sentence greater than the mandatory sentence as specified in the PRRPA.
In analyzing the provision of the PRRPA that states, “Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines,”
Further, the First District also relied upon the decisions of State v. Cotton, 769 So.2d 345 (Fla.2000), and Grant v. State, 770 So.2d 655 (Fla.2000), in which this Court referred to the PRRPA as a “mandatory minimum statute,” which establishes a sentencing “floor,” and allows for more severe punishment as authorized by law. See 819 So.2d at 246. The district court concluded:
Respectfully, we do not believe that Cotton and Grant support the result reached in Wilson and followed by Irons. In our view, the PRRPA sentence should be viewed as a mandatory minimum of five years. Any remaining portion of [Nettles‘] sentence would be served pursuant to the CPC.
Id. The district court noted that in both Cotton and Grant this Court “expressly recognized that a greater sentence may be imposed pursuant to either the habitual offender statute or any other provision of law, and the [C]ourt did not see fit to limit the `any other provision of law’ language.” Id. Therefore, the First District reasoned that a sentence pursuant to both the PRRPA and the CPC is consistent with the language of the PRRPA and our holdings in Cotton and Grant. See id.
Finally, in resolving the apparent conflict created by the provisions of the PRRPA, the First District enumerated an independent basis for its decision by holding that section 775.082(9)(a)3., which specifically excludes sentencing under the guidelines, is not applicable to sentencing under the CPC. The court noted that the CPC repealed and replaced the guidelines for all crimes committed after October 1, 1998, yet the guidelines are still applicable to those crimes committed before the effective date. See id. at 247. The court reasoned that the Legislature, by including the language about the sentencing guidelines, “did not contemplate that it was enacting a provision that might be construed by some as barring a CPC sentence.” Id.
Reflecting the court‘s holding that Nettles’ sentence was permissible under both the PRRPA and the CPC, the court remanded to the trial court with instructions that the trial court correct the sentence to reflect that the first 60 months of Nettles’ sentence would be served pursuant to the PRRPA, while the remaining 6.4 months would be served under the CPC. See id. at 247. The court reached a different decision than the courts in both Wilson and Irons; therefore, it certified conflict with those decisions to this Court. See id. at 243.
In our view, the provisions of the PRRPA which require interpretive analysis here can be reconciled. Therefore, we conclude that a defendant may be sentenced pursuant to both the PRRPA and the CPC. Thus, the sentence agreed to by Nettles, imposed by the trial court, and affirmed by the First District Court of Appeal was a legal sentence.
We reject the contention that section 775.082(9)(a)3., which provides that a defendant eligible for sentencing under the PRRPA “is not eligible for sentencing under the sentencing guidelines,” renders Nettles’ sentence illegal. In Jones v. State, 813 So.2d 22 (Fla.2002), we recognized
Notably, if we were to follow the logic of the dissent and hold that Nettles could only be sentenced to the 60 months provided by the PRRPA, the result would be a sentence less than that which he would have received, namely 66.4 months, had he not been sentenced as a prison releasee reoffender. Such an interpretation and application would completely ignore the intent of the Legislature in enacting the PRRPA. The Legislature unquestionably intended that those sentenced under the PRRPA would “be punished to the fullest extent of the law.”
The First District properly relied upon our decisions in Cotton and Grant in affirming Nettles’ sentence. In Cotton, we specifically held that the PRRPA “establishes a mandatory minimum sentencing scheme” and the act “is not unconstitutional on its face as violative of separation of powers principles.” 769 So.2d at 354. Further, we noted:
[E]ven when the Act is properly viewed as a mandatory minimum statute, its effect is to establish a sentencing “floor.” If a defendant is eligible for a harsher sentence “pursuant to [the habitual offender statute] or any other provision of law,” the court may, in its discretion, impose the harsher sentence.
Id. (quoting
In passing the Act, the Legislature found that (1) recent court decisions have mandated the early release of violent felony offenders; (2) the people of the State and its visitors deserve public safety and protection from violent felony offenders who have previously been sentenced to prison and who continue to prey on society by reoffending; and (3) “the best deterrent to prevent prison releasees from committing future crimes is to require that any releasee who commits new serious felonies must be sentenced to the maximum term of incarceration allowed by law, and must serve
100 percent of the court-imposed sentence.”
Id. at 355. Clearly, we have determined that the sentence provided by the PRRPA is not a mandatory sentence which must be imposed upon an eligible defendant. Rather it is a sentencing “floor,” which a judge may exceed if authorized by another provision of the law, such as the CPC.
We reiterated the rationale employed in Cotton in our decision in Grant. In Grant, a defendant had been sentenced to fifteen years as a habitual felony offender, with a mandatory minimum term of fifteen years as a prison releasee reoffender. See 770 So.2d at 657. The defendant challenged his sentence, claiming it violated the prohibition against double jeopardy. See id. Relying on Cotton, we again held that the PRRPA provides a mandatory minimum sentence, and, therefore, “the imposition of an applicable longer, concurrent term of imprisonment with a [PRRPA] mandatory minimum sentence does not violate double jeopardy.” Id. at 658.9 We also relied on the intent of the Legislature in rendering our decision in Grant, reasoning that “the Legislature‘s intent both to provide a mandatory minimum term of imprisonment pursuant to the [PRRPA] and to allow for imposition of the greatest sentence authorized by law is clear.” Id. at 659.
Applying the principles stated in Cotton and Grant, in addition to the statutory provisions, we again hold that the PRRPA establishes a mandatory minimum sentence, a “sentencing floor,” and no provision of the PRRPA prevents a court “from imposing a greater sentence of incarceration as authorized by law.”
Finally, we note that Nettles’ argument pertaining to the application of the rule of lenity is misplaced. The rule of lenity provides, “The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.”
The decision of the First District Court of Appeal is approved, and to the extent they are inconsistent with this opinion, the Wilson and Irons decisions are disapproved.
It is so ordered.
WELLS, PARIENTE, CANTERO and BELL, JJ., concur.
CANTERO, J., concurs specially with an opinion, in which PARIENTE and BELL, JJ., concur.
QUINCE, J., dissents with an opinion, in which ANSTEAD, C.J., concurs.
CANTERO, J., concurring specially.
I agree with the majority opinion. I write, however, to caution that the statement in the last paragraph expressing a qualified disapproval of Wilson and Irons should not be read as disapproval of the results in those cases. As the majority opinion recognizes, Nettles involved a different issue than did Wilson and Irons. The issue here is whether a defendant can be sentenced under both the PRRPA and the CPC. See majority op. at 488-89. In the latter two cases the issue was whether a defendant can be sentenced under both the PRRPA and the sentencing guidelines. Wilson, 793 So.2d at 1004; Irons, 791 So.2d at 1224. The difference is critical because the PRRPA specifically prohibits application of the sentencing guidelines, not the CPC. The majority correctly concludes that no actual conflict exists between the three cases.
The statutory language raising the issue in all the cases comes from the PRRPA‘s statement that a defendant proven to be a prison releasee reoffender “is not eligible for sentencing under the sentencing guidelines,”
The district courts in Wilson and Irons correctly found that a defendant cannot be sentenced under both the sentencing guidelines and the PRRPA because the PRRPA specifically precludes application of the guidelines. See
Accordingly, the results in all three cases—Nettles Wilson, and Irons—are correct. The majority‘s limited disapproval of Wilson and Irons applies only to part of their analyses.
PARIENTE and BELL, JJ. concur.
QUINCE, dissenting.
I dissent from the majority‘s determination that a prison releasee reoffender may be sentenced under both the Prison Releasee Reoffender Punishment Act (PRRPA) and the Criminal Punishment Code (CPC); instead I would follow the reasoning of the district courts in State v. Wilson, 793 So.2d 1003 (Fla. 2d DCA 2001), and Irons v. State, 791 So.2d 1221 (Fla. 5th DCA 2001), and find that a defendant may not be sentenced under both of these provisions. I reach this conclusion because the CPC is the functional equivalent of the sentencing guidelines for all crimes committed after October 1, 1998. As the majority points out, the pre-code sentencing guidelines are still applicable to crimes committed before October 1, 1998. On that date the prior guidelines were replaced by other guidelines which are now referred to as the CPC. The CPC is nonetheless a guideline for the calculation of sentences for crimes committed after October 1, 1998.10 The fact that the name has changed does not change the fact that the Legislature specifically provided for use of the PRRPA and not guidelines where the defendant qualifies for PRRPA treatment.
For these reasons I would find that the defendant‘s sentence imposed under both the PRRPA and the CPC is illegal and would remand this case for sentencing under the PRRPA only.
ANSTEAD, C.J., concurs.