JOSEPH RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court vacated appellant's twelve-year sentence for attempted sexual battery as exceeding the five-year statutory maximum for a third-degree felony, while affirming other convictions and sentences.
A trial court errs when sentencing a defendant to twelve years for attempted sexual battery, a third-degree felony with a five-year maximum.
[1] An illegal sentence exceeding statutory maximums may be appealed and corrected notwithstanding a nolo contendere plea without reservation of appellate rights.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An illegal sentence, however, may be appealed even though appellant pled nolo contendere without reserving the right to appeal.”
Court explaining that illegal sentences are reviewable despite nolo contendere pleas without reservation of appeal rights.
Appellant was convicted of attempted sexual battery with use of physical force not likely to cause serious personal injury, burglary of a dwelling, an…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Maximum cases and more on FLexlaw
PER CURIAM.
Appellant appeals his sentences which resulted from his convictions for attempted sexual battery with the use of physical force not likely to cause serious personal injury, burglary of a dwelling, and sexual battery.1 The public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we find that the trial court erred in sentencing appellant to twelve years for the attempted sexual battery conviction. The maximum for which appellant could be sentenced for this third degree felony is five years. §§ 794.011(5), 777.04(4)(c), 775.082(3)(d), Fla.Stat. (1983). Accordingly, we vacate appellant’s sentence for the attempted sexual battery conviction and remand to the trial court with directions to resentence appellant in accordance with the applicable statutes. Tucker v. State, 425 So. 2d 1215 (Fla. 2d DCA 1983); Butler v. State, 343 So. 2d 93 (Fla. 3d DCA 1977). We are aware that appellant pled nolo contendere without reserving this point for appeal. An illegal sentence, however, may be appealed even though appellant pled nolo con-tendere without reserving the right to appeal. See Robinson v. State, 373 So. 2d 898 (Fla.1979).
The judgment and remaining sentences are affirmed in all other respects.
AFFIRMED in part, VACATED in part, and REMANDED to the trial court with directions.
GRIMES, A.C.J., and OTT and CAMPBELL, JJ., concur. . The attempted sexual battery and sexual battery convictions were for two separate instances.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pearce v. State, 578 So. 2d 43 (Fla. 2d DCA 1991)…ER CURIAM. We affirm the appellant’s conviction for attempted sexual battery, but reverse and remand for resentencing because the trial court exceeded the statutory maximum of five years. See § 775.082(3)(d), Fla.Stat. (1987); Richardson v. State, 473 So. 2d 26 (Fla. 2d DCA 1985). SCHOONOVER, C.J., and RYDER and DANAHY, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Butler v. State, 343 So. 2d 93 (Fla. 3d DCA 1977)
- Tucker v. State, 425 So. 2d 1215 (Fla. 2d DCA 1983)