RAMON RECHAYE ROSS
v.
STATE OF FLORIDA
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The appellate court affirmed Ramon Ross's convictions but vacated his sentences. The court agreed with the state that Ross was illegally sentenced for two first-degree felonies when he was convicted of second-degree felonies, exceeding the statutory maximum sentence.
Yes, the sentences were illegal because they exceeded the statutory maximum for second-degree felonies. A probationary split sentence cannot exceed the maximum period of incarceration provided by statute for the offense charged.
[1] A split sentence consisting of a period of incarceration followed by a period of probation cannot, in the aggregate, exceed the statutory maximum period of incarceration…
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“But as to the first ground, the State concedes that Ross was erroneously sentenced for two first-degree felonies when he was only convicted of second-degree felonies.”
This quote establishes the core legal error identified by the court and conceded by the State.
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Join FLexlaw to unlock all legal intelligenceRamon Ross was convicted by a jury of two counts of sexual battery without physical force. He received concurrent sentences of fifteen years in prison…
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RAY, J.
Ramon Ross was convicted after a jury trial of two counts of sexual battery without the use of physical force and violence likely to cause serious personal injury. He was sentenced to concurrent terms of fifteen years in prison followed by fifteen years on sex offender probation for each count.
On appeal, he challenges his convictions and sentences on three grounds. As to the second and third grounds, we affirm without further discussion. But as to the first ground, the State concedes that Ross was erroneously sentenced for two first-degree felonies when he was only convicted of second-degree felonies. See § 794.011(5)(b), Fla. Stat. (2018). The statutory maximum sentence for a second-degree felony is fifteen years in prison.
§ 775.082(3)(d), Fla. Stat. (2018). A probationary split sentence that exceeds the maximum period of incarceration provided for by statute is an illegal sentence. See State v. Holmes, 360 So. 2d 380, 383 (Fla. 1978) (holding, among other things, “that a trial judge is authorized by Section 948.01(4)* to sentence a defendant to a period of incarceration followed by a period of probation” and “that the combined periods at the time of the original sentence cannot exceed the maximum period of incarceration provided by statute for the offense charged”). Therefore, Ross’ thirty-year sentences on each count are illegal. Based upon the State’s proper concession of error, we vacate the sentences and remand for resentencing.
Judgment AFFIRMED; sentencing order VACATED; REMANDED for resentencing.
OSTERHAUS and TANENBAUM, JJ., concur. _____________________________