Calandra v. State

District Court of Appeal of Florida

Calandra v. State

64 So. 3d 156, 2011 Fla. App. LEXIS 9631, 2011 WL 2462593

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 2011

Docket4D10-1653

StatusPublished

Cited by3 cases

This text of 64 So. 3d 156 (Calandra v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calandra v. State, 64 So. 3d 156, 2011 Fla. App. LEXIS 9631, 2011 WL 2462593 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Joseph Calandra (Defendant) appeals the denial of his rule 3.800(a) motion. We affirm.

For a first degree murder committed in 1992, Defendant was sentenced to prison “For a term of Natural Life without possibility of parole for 25 years.” He filed a rule 3.800(a) motion to correct illegal sentence, which the trial court denied, claiming the foregoing sentence was illegal and asking instead to be resentenced to “life in prison with twenty five years minimum mandatory with the possibility of parole.” However, that sentence is functionally the same as his current sentence. After Defendant has served twenty-five years, he will become eligible for parole. See § 775.082(1), Fla. Stat. (1991) (providing that “[a] person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole”). 1 Therefore, no correction is necessary.

Affirmed.

GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.

1

. This provision was amended effective May 25, 1994, by Chapter 94-228, section 1, Laws *157 of Florida. As a result of that amendment, one convicted of a capital felony, unless sentenced to death, had to be sentenced to life imprisonment, and “[i]f convicted of murder in the first degree ... shall be ineligible for parole." § 775.082(l)(a), Fla. Stat. (Supp. 1994). However, the amendment does not affect Defendant, who committed his offense in 1992, before the effective date of the amendment.

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PER CURIAM.

Joseph Calandra (Defendant) appeals the denial of his rule 3.800(a) motion. We affirm.

For a first degree murder committed in 1992, Defendant was sentenced to prison “For a term of Natural Life without possibility of parole for 25 years.” He filed a rule 3.800(a) motion to correct illegal sentence, which the trial court denied, claiming the foregoing sentence was illegal and asking instead to be resentenced to “life in prison with twenty five years minimum mandatory with the possibility of parole.” However, that sentence is functionally the same as his current sentence. After Defendant has served twenty-five years, he will become eligible for parole. See § 775.082(1), Fla. Stat. (1991) (providing that “[a] person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole”). 1 Therefore, no correction is necessary.

Affirmed.

GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.

1

. This provision was amended effective May 25, 1994, by Chapter 94-228, section 1, Laws *157 of Florida. As a result of that amendment, one convicted of a capital felony, unless sentenced to death, had to be sentenced to life imprisonment, and “[i]f convicted of murder in the first degree ... shall be ineligible for parole." § 775.082(l)(a), Fla. Stat. (Supp. 1994). However, the amendment does not affect Defendant, who committed his offense in 1992, before the effective date of the amendment.

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64 So. 3d 156, 2011 Fla. App. LEXIS 9631, 2011 WL 2462593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calandra-v-state-fladistctapp-2011.

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