STEPHEN SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEPHEN SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
626 So. 2d 1119
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the convictions. On count I, appellant, Stephen Smith, was convicted of indecent assault and sentenced to life imprisonment, which exceeded the statutory maximum established by section 775.082(3)(c), Florida Statutes (1991). A sentence may not exceed the statutory maximum. See Spencer v. State, 611 So. 2d 16 (Fla. 3d DCA 1992); Lofley v. State, 604 So. 2d 577 (Fla. 2d DCA 1992); and Bernard, v. State, 571 So. 2d 560 (Fla. 5th DCA 1990). See also Fla.R.Crim.P. 3.701(d)(10). We reverse and remand for resentencing within the parameters permitted by the statute. We affirm the sentences imposed as to counts II through V.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 645 So. 2d 1042 (Fla. 4th DCA 1994)…ze, nor was he informed of the consequences of habitualization, Ashley clearly requires that both of these elements be satisfied prior to accepting the plea. See also, e.g., Washington v. State, 631 So. 2d 367 (Fla. 4th DCA 1994); Fountain v. State, 626 So. 2d 1119 (Fla. [*1046] 4th DCA 1993). We believe that Ashley turned on both notice of intent to habitualize and the consequences thereof. We disagree that Ashley turned primarily on the failure to give notice of intent to habitualize. The court’s extensive d…
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Souza v. State, 639 So. 2d 676 (Fla. 4th DCA 1994)…before a court may accept a guilty or nolo plea from an eligible defendant, it must ascertain that the defendant is aware of the possibility and reasonable consequences of habitualization. Although Ashley was a plenary appeal, in Fountain v. State, 626 So. 2d 1119 (Fla. 4th DCA 1993), this court held that whether the Ashley requirements were complied with could be challenged in a rule 3.850 motion. We have not yet addressed the issue of whether a sentence can be challenged for this deficiency under rule 3.800…
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Pitts v. State, 679 So. 2d 346 (Fla. 4th DCA 1996)…is not enough that defense counsel be informed of the state’s intent. Hyde v.State, 673 So. 2d 952 (Fla. 4th DCA 1996); Brown v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996); Gilbert v. State, 667 So. 2d 969 (Fla. 4th DCA 1996). In Fountain v. State, 626 So. 2d 1119 (Fla. 4th DCA 1993), we held that a failure to comply with Ashley may be raised in a rule 3.850 motion. We reverse and remand for an evidentiary hearing or for attachment of record excerpts that conclusively disprove defendant’s claim that he did…
Authorities Cited
- Spencer v. State, 611 So. 2d 16 (Fla. 3d DCA 1992)
- Bernard v. State, 571 So. 2d 560 (Fla. 5th DCA 1990)
- Lofley v. State, 604 So. 2d 577 (Fla. 2d DCA 1992)