5/6/15 Florida Supreme Court Oral Arguments – Marlon Kelly v. State, SC14-916

Mr. Kelly was sentenced to 40 years in prison for battery with a minimum mandatory term of 25 years based on gun use. Mr. Kelly challenged his sentence as illegal for various reasons. The trial court agreed to a resentencing and reduced the overall length of the sentence to 37.75 years but also qualified the entire sentence as a minimum mandatory term. Mr. Kelly appealed and the First District Court of Appeal overturned the trial court. The 1st DCA also ruled its decision was in conflict with a decision by the Fourth District Court of Appeal in a similar case.