Background
Victor Christian Wriden appealed the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. He was sixteen when he committed the offenses and received concurrent 540-month sentences for first-degree murder, burglary of a dwelling with an assault or battery, and robbery with a deadly weapon.
His judgment provided for a sentence-review hearing after twenty-five years on all counts. For the murder count, the jury found that Wriden did not actually kill, intend to kill, or attempt to kill the victim. The State conceded that the review-hearing timing stated in the judgment was incorrect.
The Court’s Holding
The court affirmed the denial of Wriden’s motion on all grounds except Ground Four. It held that the murder sentence fell under section 775.082(1)(b)(2), which entitled Wriden to a sentence review after fifteen years because he was a juvenile who did not actually kill, intend to kill, or attempt to kill the victim.
The burglary and robbery sentences fell under section 775.082(3)(c), which entitled him to sentence reviews after twenty years. The court reversed in part and remanded for the lower court to correct the review-hearing dates in the judgment and sentence. Wriden need not be present because the correction is ministerial.
Key Takeaways
- A juvenile offender covered by section 775.082(1)(b)(2) receives sentence review after fifteen years.
- A juvenile offender sentenced under section 775.082(3)(c) receives sentence review after twenty years.
- Correcting mandatory review-hearing dates is a ministerial sentencing correction that does not require the defendant’s presence.
Why It Matters
The decision applies Florida’s juvenile-sentencing review statutes according to the offense-specific provisions governing each count. Concurrent sentences do not permit a single later review date to displace the review timing required for individual juvenile sentences.