Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Toby LAW, Appellant, v. STATE of Florida, Appellee.
Toby Law appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. Law contended in his motion that his trial counsel was ineffective for failing to argue to the trial court that he should have been sentenced as a juvenile and for failing to object when the trial court did not provide written reasons for imposing adult sanctions. Law's argument is based on his assumption that section 39.059(7)(d), Florida Statutes (1994), applied to his offense.
However, because Law was indicted for a capital offense and entered a plea to an offense punishable by life imprisonment, his sentence was controlled by section 39.022(5)(c)(3), Florida Statutes (1993). This statute required that children who were found guilty of an offense punishable by life imprisonment be sentenced as adults. See Ritchie v. State, 670 So.2d 924 (Fla.1996). Consequently, the trial court reached the correct result, although it erred in its analysis of Law's claim.
Affirmed.
BLUE, Chief Judge.
FULMER and DAVIS, JJ., Concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 2D02-1111.
Decided: August 09, 2002
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)