MILTON GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-02-18
No. 86-192
DANAHY, C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
502 So. 2d 999 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 2 cases
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Felony Sentencing Escape Anders V. California Resisting Arrest Without Violence

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Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

Appellant has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). While we find no meritorious grounds for reversal of his convictions for escape, battery on a law enforcement officer, resisting arrest without violence, and trespass, a sentencing error requires us to remand this case for resentencing on one of the offenses.

Appellant was sentenced to seven years’ imprisonment on the battery of a law enforcement officer conviction. This is a third degree felony; thus, the sentence exceeds the statutory maximum of five years. See §§ 784.07 and 775.082(3)(d), Fla. Stat. (1985).

Consequently, we affirm appellant's convictions and other sentences and remand for resentencing for battery on a law enforcement officer. DANAHY, C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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  • Hayes v. State, 667 So. 2d 454 (Fla. 2d DCA 1996)
    …offense was a third degree felony, and that the maximum sentence was five years. Nonetheless, the appellant was sentenced in each case to nine years’ imprisonment to run concurrently. The sentence in Case No. 93-14171 is illegal. See Green v. State, 502 So. 2d 999 (Fla. 2d DCA 1987). Although the court apparently utilized the guidelines scoresheet once during the sentencing, we cannot determine whether the court committed a presumptive sentencing error. See Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 198…

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