JUAN CASTILLO GARCIA, A/K/A JUAN CASTILLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A guidelines sentence, including incarceration and probation, cannot exceed the statutory maximum for the offense charged.
Juan Castillo Garcia pleaded no contest to dealing in stolen property, a second-degree felony. He was sentenced under guidelines effective January 1, …
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QUINCE, Judge.
The appellant, Juan Castillo Garcia, appeals the length of his sentence. Because his sentence exceeds the statutory maximum, we reverse.
Garcia pleaded no contest to a charge of dealing in stolen property, a second-degree felony. The crime was committed on February 13, 1994, and Garcia was sentenced under the guidelines which became effective on January 1, 1994. The maximum sentence for a second-degree felony is fifteen years in prison. § 775.082(3), Fla.Stat. (1993). Garcia’s sentence of one year, seven months and twenty-one days of prison, followed by thirteen years and five months probation, exceeds the statutory maximum by twenty-one days.
A guidelines sentence, which includes the inearcerative portion of the sentence along with the probationary period, may not exceed the statutory maximum for the offense charged. State v. Holmes, 360 So. 2d 380 (Fla.1978); Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994). See also Fla. R.Crim.P. 3.702(d)(19).1
Since the sentence exceeds the statutory maximum for a second-degree felony, we reverse and remand for resentencing.
RYDER, A.C.J., and ALTENBERND, J., concur. . Section 921.001(5), Florida Statutes (1993), is not applicable because the guidelines recommended sentence of 19.7 months does not exceed the statutory maximum for this offense.
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Stephens v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996)…ighteen months’ community control on each count. A guidelines sentence, which includes the incarcerative portion of the sentence and the probationary or community control period, may not exceed the statutory maximum for the offense. Garcia v. State, 666 So. 2d 231 (Fla. 2d DCA 1995); Walker v. State, 652 So. 2d 1223 (Fla. 2d DCA 1995). Because each sentence of four years’ imprisonment followed by eighteen months’ community control exceeds the five-year statutory maximum, we reverse and remand for resentencing…
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Morales v. State, 712 So. 2d 474 (Fla. 2d DCA 1998)…illegal if the total of the inearcerative and supervisory portions of the sentence exceeds the statutory maximum (provided the guidelines do not call for a sentence in excess of this statutory maximum, which is inapposite here). See Garcia v. State, 666 So. 2d 231 (Fla. 2d DCA 1995); [*475] Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994). As this sentence was imposed pursuant to a plea negotiation, the State may avail itself of the opportunity to require the withdrawal of the -plea.1 See Hayes v. .State,…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994)