Background
Johnny Edward Simon received a sentence following a plea to aggravated assault with a deadly weapon. He also had a sentence in a separate felony case involving drug-related offenses.
Simon moved to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(1). The postconviction court summarily denied the motion, and Simon appealed.
The Court’s Holding
The Sixth District Court of Appeal affirmed, holding that Simon’s sentence was legal. A sentence is correctable under Rule 3.800(a) only when the court records demonstrate on their face that the defendant is entitled to relief, and Simon did not show that no judge could lawfully have imposed his sentence.
Florida law provides that prison sentences for offenses not charged in the same charging document are served consecutively unless the court directs otherwise. Nothing in the summary record suggested that the trial court ordered Simon’s sentence to run concurrently with the sentence in his separate felony case.
The court nevertheless noted that statements made by Simon’s trial counsel before the plea colloquy could reasonably have caused Simon to believe the sentences would run concurrently. It therefore affirmed without prejudice to Simon seeking relief under Rule 3.850 if he can timely do so in good faith.
Key Takeaways
- Rule 3.800(a) relief requires the defendant to demonstrate entitlement to relief from the face of the court record.
- Sentences for offenses charged in separate cases run consecutively unless the sentencing court directs that they run concurrently.
- The affirmance does not bar Simon from timely pursuing an appropriate Rule 3.850 claim in good faith based on counsel’s pre-colloquy statements.
Why It Matters
The decision distinguishes a facial challenge to the legality of a sentence under Rule 3.800(a) from other potential postconviction claims arising from circumstances surrounding a plea. A defendant’s possible understanding about concurrent sentences does not make an otherwise lawful consecutive sentence illegal on the face of the record.