We affirm the order denying David Talley’s rule 3.800(a) motion to correct an illegal sentence.
Talley entered a no contest plea and was sentenced on count I (fleeing) to fifteen years in prison; count II (reckless driving), ninety days in jail; count III (aggravated assault on a law enforcement officer), fifteen years in prison, consecutive to count I; count IV (aggravated battery on a law enforcement officer), thirty years in prison, consecutive to count III; count V (battery on a law enforcement officer), five years in prison, consecutive to count IV; count VI (aggravated battery on a law enforcement officer), thirty years in prison, consecutive to count V; and count VII (resisting officer with violence), five years in prison, consecutive to count VI. Talley challenges the consecutive sentences received on- counts III, IV, V, and VI.
On each of the four contested counts, Talley was charged under section 784.07, Florida Statutes, which reclassifies the degree of the offense where the victim is a law enforcement officer. Talley argues that section 784.07 is an enhancement statute and, therefore, the court could not order his sentences to run consecutively. See Boler v. State,
In Boler, the defendant was sentenced to life in prison with a twenty-five year mandatory minimum for murder and a consecutive life sentence for robbery, with a three year mandatory minimum for use of a firearm.
The Florida Supreme Court has recognized that section 784.07 is a reclassification statute, not an enhancement statute. Mills v. State,
Here, the statute prescribing the penalty for certain offenses against law enforcement officers includes the mandatory minimum sentence, without resorting to a separate enhancement statute. § 784.07(2), Fla. Stat. (2001); see Hale,
The consecutive sentences in this case are legal; thus, we affirm.
