Victor Christian Wriden, Appellant, v. State of Florida, Appellee. (2026)

Victor Christian Wriden appeals the trial court's order entered on October 22, 2024, denying his motion for correction of illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State has properly conceded error as to Ground Four of Wriden's motion, namely that Wriden, who was sixteen years old at the time of the offenses, was entitled to a review hearing on Count I after fifteen years and Counts II and III after twenty years.

Under Count I, Wriden was convicted under section 782.04(1)(a)(2), Florida Statutes (2012), of first-degree murder without use of a weapon, with a special jury finding that he did not actually kill, intend to kill, or attempt to kill the victim. Wriden was sentenced on Count I to incarceration for 540 months, to run concurrently with his sentences for Counts II and III, with a review hearing for all counts after twenty-five years. Wriden's sentence for Count I fell under section 775.082(1)(b)(2):

A person who did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).

As provided by section 921.1402(2)(c), “[a] juvenile offender sentenced to a term of more than 15 years under s. 775.082(1)(b)2․ is entitled to a review of his or her sentence after 15 years.”

Wriden's 540-month sentences for Counts II (burglary of a dwelling with an assault or battery) and III (robbery with a deadly weapon), both of which were either life felonies or punishable by life, fell within section 775.082(3)(c):

Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 but that is an offense that is a life felony or is punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, or an offense that was reclassified as a life felony or an offense punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d).

As provided by section 921.1402(2)(d), a “juvenile offender sentenced to a term of more than 20 years under s. 775.082(3)(c)․ is entitled to a review of his or her sentence after 20 years.”

We remand to the lower court for correction of the review hearing times in the judgment and sentence in accordance with this opinion. Wriden need not be present for this correction. McCoggle v. State, 388 So. 3d 810, 814 (Fla. 4th DCA 2024) (“[W]here resentencing does not involve the consideration of any additional evidence, and where the trial court does not have any discretion in the new sentence it imposes, resentencing is a ministerial act.”). We affirm the lower court's order denying Wriden's motion for correction of illegal sentence in all other respects.

AFFIRMED in part; REVERSED in part; REMANDED with instructions.

SMITH, J.

NARDELLA and WOZNIAK, JJ., concur.