Powell v. State
The Sixth DCA affirmed Powell's convictions but, on the State's cross-appeal, reversed his 50-year sentence for burglary with an assault/battery while armed with a firearm, holding that once a defendant is designated a prison releasee reoffender for a life-felony offense, section 775.082(9)(a)3.a mandates an actual life sentence with no judicial discretion to substitute a lengthy term-of-years sentence, even one argued to be the functional equivalent of life. The case was remanded with instructions to impose a life sentence.
Key facts
- Powell was convicted of burglary of a dwelling with an assault or battery while armed with a firearm and designated a prison releasee reoffender for that life-felony offense.
- The trial court sentenced Powell to 50 years in prison, which the State cross-appealed as too lenient.
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Why it matters
This decision reinforces and extends the Fourth DCA's Willingham holding that PRR life-felony sentencing leaves trial courts no discretion, explicitly rejecting the argument that a lengthy term-of-years sentence can… — full analysis with a trial
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