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.

Escambia County