TONY LEONARD CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TONY LEONARD CARTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
556 So. 2d 795
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
[*796] PER CURIAM.
Appellant was charged with a third degree felony, which is punishable by a term of imprisonment not exceeding five years. Section 775.082(3)(d), Florida Statutes (1987). Appellant seeks review of the 7-year sentence imposed, arguing that the sentence exceeded the statutory maximum allowable and that the sentencing guidelines do not increase the statutory máxi-mums allowable. Rule 3.701(d)(10), Florida Rules of Criminal Procedure.
We agree. Pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, the sentence is vacated and this cause is remanded to the trial court for sentencing in accordance with Section 775.082(3)(d).
SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allen v. State, 702 So. 2d 301 (Fla. 1st DCA 1997)…the statutory maximum was the outer limit of a legal sentence regardless of the defendant’s sentencing guidelines score. If the guideline sentence exceeded the statutory maximum, the statutory maximum sentence was to be imposed. See Carter v. State, 556 So. 2d 795 (Fla. 1st DCA 1990). Accordingly, we reverse for resen-tencing on the charge of possession of marijuana with intent to distribute. We find no error as to the sentences imposed on any of the other charges in this case. Affirmed in part and reversed…
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Argote v. State, 573 So. 2d 1068 (Fla. 3d DCA 1991)…is five years imprisonment. § 775.082(3)(d), Fla.Stat. (1989). We therefore vacate the sentences and remand for resentencing. McClay v. State, 569 So. 2d 523 (Fla. 3d DCA 1990); Stafford v. State, 561 So. 2d 32 (Fla. 5th DCA 1990); Carter v. State, 556 So. 2d 795 (Fla. 1st DCA 1990). Affirmed; senténces vacated and ease remanded.…