JAMES D. GRINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A sentence exceeding the statutory maximum is unlawful, even if negotiated as part of a plea bargain.
Appellant Griner is serving a 30-year sentence for escape imposed in 1977, which he alleges exceeds the statutory maximum for the offense.…
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PER CURIAM.
James Griner appeals the summary denial of his motion to correct sentence. We reverse.
Griner claims that he is serving a sentence of 30 years for escape.1 This sentence, which was imposed in 1977, appears to represent a plea bargain whereby two counts of a three-count information were dropped. Griner now alleges that the sentence exceeds the statutory maximum. Escape is a second degree felony and has been since prior to Griner’s sentencing date. The fact the sentence may have been negotiated is immaterial, for one may not agree to an unlawful sentence. Williams v. State, 500 So. 2d 501 (Fla.1986).
While it may be that some mechanism such as the habitual offender statute2 was invoked to enhance the ordinary fifteen-year maximum, the trial court’s order fails to provide sufficient documentation to refute Griner’s argument that his sentence is unlawful. Accordingly, we remand this case for further proceedings, at which time the trial court may support its denial of the motion by attaching the record exhibits relied upon, correct the sentence, or conduct such other proceedings as it deems advisable. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days in order to obtain further appellate review.
Reversed.
SCHEB, A.C.J., and RYDER and PARKER, JJ., concur. . § 944.40, Fla.Stat. (1977).
. § 775.084, Fla.Stat. (1977).
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Bernard v. State, 571 So. 2d 560 (Fla. 5th DCA 1990)…e, 500 So. 2d 501 (Fla.1986), clarified in Quarterman v. State, 527 So. 2d 1380 (Fla.1988) (a trial court cannot impose an illegal sentence based on an invalid reason to depart from the guidelines, even though the defendant agrees); Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988) (sentence of thirty years for second degree felony of escape is illegal and fact that sentence was negotiated is immaterial since a defendant may not agree to an unlawful sentence); Allen v. State, 515 So. 2d 256 (Fla. 1st DCA 198…
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Darden v. State, 588 So. 2d 275 (Fla. 2d DCA 1991)…. §§ 775.082(3)(d), 784.07, Fla.Stat. (1989). The allegation that his sentence is illegal, if true, would entitle him to relief. His plea to an illegal sentence is immaterial. See Williams v. [*276] State, 500 So. 2d 501 (Fla.1986); Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988). The trial court failed to attach the written sentences or any other portions of the record in refutation of Darden’s allegation. Accordingly, we remand for further proceedings the single question of whether his sentence exceeds…
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Johnson v. State, 573 So. 2d 178 (Fla. 2d DCA 1991)…ame date. The fact that the appellant entered into a plea agreement and did not object at the sentencing hearing does not prevent him from raising this issue on appeal. See Jones v. State, 572 So. 2d 1006 (Fla. 2d DCA 1990) (citing Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988), for the proposition that one may not agree to an unlawful sentence). We reverse the appellant’s habitual violent felony offender sentence and remand for resentencing on that charge. The appellant does not challenge the remaining…
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- Williams v. State, 500 So. 2d 501 (Fla. 1986)