ROBERT R. WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Robert R. Walker appeals his convictions and sentences for second-degree murder with a firearm, aggravated battery with a firearm, and felon in possession of a firearm. After conducting our review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the convictions. We reverse Walker’s sentences, however, because they exceed the statutory maximum.
A term of years followed by life probation exceeds the statutory maximum of forty years for a life felony. State v. Marsh, 642 So. 2d 120 (Fla. 2d DCA 1994). On remand, the trial court is reminded that it must announce any special conditions of probation. Because probation conditions four and seven include special conditions, they must be announced at sentencing. See Hamilton v. State, 653 So. 2d 1068 (Fla. 2d DCA 1995).
Convictions affirmed, sentences reversed, and remanded for resentencing.
DANAHY, AC.J., and PARKER and BLUE, JJ., concur.
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Kiev Rayvon Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010)…g forty years. See § 775.082(3)(a)(2). Because his sentence was for a term of years, the additional sentence of probation for life would exceed the forty-year limit. See Routenberg v. State, 721 So. 2d 1187, 1187 (Fla. 2d DCA 1998); Walker v. State, 660 So. 2d 332, 333 (Fla. 2d DCA 1995); Stokes v. State, 658 So. 2d 1159, 1160 (Fla. 2d DCA 1995). But Mr. Robinson’s argument is incorrect. Because Mr. Robinson committed the offense after July 1, 1995, the applicable statute is section 775.082(3)(a)(3) — not s…
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Scott v. State, 665 So. 2d 337 (Fla. 2d DCA 1995)…ce Mr. Scott received is the longest possible guidelines sentence. If the armed burglary were a life felony, rather than a first-degree felony punishable by life, this split sentence would actually exceed the maximum legal sentence. Walker v. State, 660 So. 2d 332 (Fla. 2d DCA 1995). Accordingly, we reverse the order denying Mr. Scott’s motion and remand for an eviden-tiary hearing on the merits. Reversed and remanded for further proceedings. RYDER, A.C.J., and PARKER, J., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dolphis A. Hamilton v. State, 653 So. 2d 1068 (Fla. 2d DCA 1995)
- Allen v. State, 642 So. 2d 120 (Fla. 1st DCA 1994)