ELL FANCE, A/K/A DADDY-O, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court reversed a twelve-year sentence for third-degree organized fraud because it exceeded the five-year statutory maximum for offenses committed before January 1, 1994, and remanded for resentencing within the statutory limit.
A sentence for a pre-January 1, 1994 offense cannot exceed the statutory maximum penalty for that offense, regardless of sentencing guidelines.
[1] For offenses committed before January 1, 1994, a sentence imposed may not exceed the statutory maximum penalty for that offense, even if within sentencing guidelines.
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Explaining the rule for offenses committed prior to January 1, 1994
Ell Fance was sentenced to twelve years imprisonment for third-degree organized fraud under Florida Statute § 817.034(4)(a)(3).…
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PER CURIAM.
This is an appeal by the defendant Ell Fance from a trial court order denying his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the state’s confession of error which we think is well taken, we reverse the order appealed from and remand the cause to the trial court with directions to vacate the twelve-year sentence imposed upon the defendant for the third-degree felony of organized fraud [§ 817.034(4)(a)(3), Fla.Stat. (1991) ] because the sentence exceeds the statutory maximum penalty of five years imprisonment for this offense. It is well settled that for offenses committed prior to January 1, 1994, as here, a sentence may not exceed the statutory maximum penalty for that offense, § 921.001(5), Fla.Stat.- (1991) — although the rule has been changed for offenses, unlike this case, committed on or after January 1, 1994. § 921.0014(1), Fla.Stat. (1993) (A sentence within the sentencing guidelines may be imposed even if it exceeds the statutory maximum sentence provided for that offense.).
Upon vacation of the twelve-year-sentence for organized fraud, the trial court is directed to resentence the defendant for this offense to a term of imprisonment not exceeding five years. In all other respects, however, we affirm the order under review.
Affirmed in part; reversed in part and remanded.
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Donovan Stewart v. State, 755 So. 2d 736 (Fla. 4th DCA 2000)…nded guidelines sentence that is greater than the statutory maximum pursuant to section 921.001(5), Florida Statutes, that provision does not apply to offenses committed before 1994. See Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Fance v. State, 645 So. 2d 188, 188-89 (Fla. 3d DCA 1994). Because Defendant’s original substantive offense of possession of cannabis was committed in 1992, Defendant could be sentenced for no longer than the statutory maximum of five years for that offense. Defendant shall be re…
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Escutary v. State, 753 So. 2d 650 (Fla. 3d DCA 2000)…Stat. (1995). Thus, under the current system, if the guidelines sentence—i.e., the “true” recommended guidelines sentence—exceeds the statutory maximum, the guidelines sentence must be imposed. (footnotes , omitted)(emphasis added); Fance v. State, 645 So. 2d 188 (Fla. 3d DCA [*652] 1994). Accordingly, although the sentences imposed on the defendant in the present case exceeded the statutory maximum, they were not illegal because they fell within the recommended sentencing guidelines. We find no merit in th…
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Burks v. State, 698 So. 2d 874 (Fla. 3d DCA 1997)…ses, unlike this case, committed on or after January 1, 1994. § 921.0014(1), Fla. Stat. (1993) (A sentence within the sentencing guidelines may be imposed even if it exceeds the statutory maximum sentence provided for that offense). Fance v. State, 645 So. 2d 188, 188 (Fla. 3d DCA 1994). Consequently, both the sentence and revocation of probation for the possession of cocaine conviction and the sentence for the sexual battery conviction must be vacated and this cause remanded to the trial court with instruct…
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