final until disposition of timely filed motion for rehearing.
appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County, Lower Tribunal
No. 07-36268B Jose L. Fernandez, Judge.
Brandon Burks, in proper person.
Moody, Attorney General, for appellee.
EMAS, C.J., and FERNANDEZ, and MILLER, JJ.
Brandon Burks, challenges the denial of his motion to correct
illegal sentence pursuant to Florida Rule of Criminal
Procedure 3.800. On appeal, Burks contends the imposition of
a previously omitted minimum mandatory sentence by the lower
tribunal, following our remand in Burks v. State,
237 So.3d 1060 (Fla. 3d DCA 2017) ("Burks II"), is
violative of double jeopardy principles. For the reasons set
forth below, we disagree and affirm.
a jury trial, Burks was convicted of attempted first-degree
murder with a firearm in violation of sections 775.087,
777.04(1), and 782.04(1)(a), Florida Statutes, aggravated
assault with a firearm in violation of sections 784.021(1)(a)
and 775.087, Florida Statutes, and resisting an officer
without violence in violation of section 843.02, Florida
Statutes. The jury specifically found that during the
commission of the offense of attempted first-degree murder,
Burks possessed a firearm, which he discharged, inflicting
great bodily harm.
trial court sentenced Burks to a term of life imprisonment on
the attempted first-degree murder count as a prison releasee
reoffender ("PRR"), pursuant to section
775.082(9)(a)(3)(a), Florida Statutes. The court declined to
impose a further nondiscretionary minimum mandatory required
under section 775087(2)(a)(3), Florida Statutes,
"commonly known as the '10-20-Life'
statute," finding an additional, concurrent term to be
redundant. Mendenhall v. State, 48 So.3d 740, 742
(Fla. 2010) (citation omitted).
court subsequently affirmed Burk's convictions and
sentences on direct appeal. See Burks v. State, 57
So.3d 972 (Fla. 3d DCA 2011) ("Burks I"). Burks
then sought to correct his sentence, through Florida Rule of
Criminal Procedure 3.800, contending that the trial court
erred in failing to impose the 10-20-Life minimum mandatory.
This Court agreed and remanded the case to the lower tribunal
for resentencing. See Burks II.
to our mandate, the lower tribunal imposed an additional
25-year minimum mandatory under the 10-20-Life statute, to
run concurrent with the PRR term of life imprisonment. Burks
filed a further motion to correct illegal sentence pursuant
to Florida Rule of Criminal Procedure 3.800, contending the
newly imposed sentence was violative of double jeopardy. The
trial court denied relief. The instant appeal ensued.
"[t]he error to be corrected in a rule 3.800(a) motion
must be apparent from the face of the record," the court
"is presented with pure issues of law on appeal, and
applies the de novo standard of review." Williams v.
State, 235 So.3d 962, 963 (Fla. 5th DCA 2017).