State v. Rojas
The Third DCA held that a trial court lacked authority under Rule 3.800(c) to mitigate a defendant's sentence below the mandatory minimum terms he had expressly agreed to in a negotiated plea 'hammer clause' governing any future violation of community control/probation, where he also waived the right to seek mitigation. The court reversed the mitigated three-year sentences and ordered reinstatement of the original ten-year and five-year agreed sentences, while affirming the finding that the defendant willfully violated community control. It also held the State had a statutory right to appeal under section 924.07(1)(i) because the mitigated sentence fell below the lowest permissible guidelines sentence.
Key facts
- Defendant Rojas pleaded guilty to charges with a negotiated plea agreement that included a 'hammer clause' specifying mandatory minimum sentences (ten years and five years) if he violated the terms of community control/probation.
- The trial court found Rojas willfully violated community control and then mitigated his sentences below the agreed mandatory minimums to three years each.
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Why it matters
This decision reinforces and extends the Gutierrez/Swett line of cases enforcing 'hammer clause' plea agreements that specify mandatory sentences upon violation of probation or community control, confirming that trial… — full analysis with a trial
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