JAMES B. PRUITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RYDER, Judge.
James B. Pruitt appeals his conviction for attempted possession of more than 100 pounds of marijuana. We find no merit in the points raised on appeal and affirm the conviction. However, we remand for resentencing.
Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third — degree felony. Carvajal v. State, 392 So. 2d 287 (Fla.2d DCA 1980); Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980). Section 777.04(4)(d), Florida Statutes (1979), then requires that attempted possession be a first — degree misdemeanor. The maximum punishment for a first-degree misdemeanor is one year in prison and a $1,000.00 fine. Sections 775.082(4)(a), 775.083(l)(d), Florida Statutes (1979). The court sentenced appellant to five years in prison and a $5,000.00 fine.
We vacate the illegal sentence imposed and remand for resentencing within the limits set out above.
BOARDMAN, Acting C. J., and DAN-AHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Zimmerman v. State, 467 So. 2d 1119 (Fla. 1st DCA 1985)…y $25,000 fine in addition to the imprisonment. The failure to impose that fine renders the sentence illegal. Cf Kelly v. State, 359 So. 2d 493 (Fla. 1st DCA 1978) (20 years imposed when 30 years was the statutory minimum sentence), Pruitt v. State, 403 So. 2d 988 (Fla. 2d DCA 1980) ($5,000 fine imposed where $1,000 fine was maximum allowed). Notwithstanding the mandatory language of section 893.135(l)(a)l, Florida Statutes, a violator who renders substantial assistance may, upon a motion from the State, rec…
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Wickett v. State, 467 So. 2d 430 (Fla. 4th DCA 1985)…provided by law, because it did not base the sentence on the guilty plea. Rather, it sentenced him based on the charge in the original information. The sentence was therefore illegal because it was in excess of what the law permits. Pruitt v. State, 403 So. 2d 988 (Fla. 2d DCA 1980); Carvajal v. State, 392 So. 2d 287 (Fla. 2d DCA 1980), rev. denied, 399 So. 2d 1140 (Fla.1981); Pahud v. State, 370 So. 2d 66 (Fla. 4th DCA 1979). Appellee argues that, since appellant did not move to withdraw his guilty plea at…
Authorities Cited
- Pardee v. State, 382 So. 2d 325 (Fla. 1st DCA 1979)
- Carvajal v. State, 392 So. 2d 287 (Fla. 2d DCA 1980)
- Figueredo v. Leatherby Ins. Co., 392 So. 2d 287 (Fla. 3d DCA 1980)