CHARLES A. MYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentences exceeding statutory maximums and improper scoring on the sentencing guidelines require resentencing.
Defendant was convicted of multiple felonies, including attempted second-degree murder and aggravated battery. His sentences included lengthy probatio…
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BLUE, Judge.
Charles A. Myers challenges his convictions and sentences. We affirm the convictions and the restitution order without discussion. However, we reverse Myers’ sentences and remand for resentencing.
Myers correctly argues that the sentences for two of his four convictions exceed the statutory maximum. For the offenses of attempted second-degree murder with a firearm and aggravated battery with a firearm, both first-degree felonies, Myers was sentenced to twenty years in prison followed by twenty years of probation. A sentence of incarceration and probation cannot exceed the maximum period of incarceration provided by law. Howe v. State, 596 So. 2d 1227 (Fla. 2d DCA 1992). The maximum period of imprisonment allowed for a first-degree felony is thirty years. § 775.082(3)(b), Fla. Stat. (1991).
Additionally, Myers’ primary offense, a first-degree felony, was improperly scored on the sentencing guidelines seoresheet as a life felony. A correct scoring would place Myers in a lower guidelines cell than the one under which he was sentenced.
Accordingly, we reverse Myers’ sentences and remand for resentencing with a correct seoresheet.
RYDER, A.C.J., and LAZZARA, J., concur.
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Cillo v. State, 913 So. 2d 1233 (Fla. 2d DCA 2005)…s sentence, which includes the prison portion as well as the community control and probation portions, cannot exceed the statutory maximum of fifteen years. See § 921.0024(2), Fla. Stat. (1999); Fla. R.Crim. P. 3.704(d)(25); see also Myers v. State, 676 So. 2d 1063, 1063 (Fla. 2d DCA 1996) (“A sentence of incarceration and probation cannot exceed the maximum period of incarceration provided by law.”).1 We, therefore, reverse the postconviction court’s order summarily denying Cil-lo’s first claim and remand fo…
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Paredes v. State, 760 So. 2d 167 (Fla. 3d DCA 2000)…as fully established. See § 921.0016(3)®, Fla. Stat. (1993). We note that the offense of attempted second degree murder with a firearm is a first degree felony, which is punishable by a maximum term of thirty years imprisonment. See Myers v. State, 676 So. 2d 1063 (Fla. 2d DCA 1996); Baque v. State, 653 So. 2d 1105, 1106 (Fla. 3d DCA 1995); § 775.082(3)(b), Fla. Stat. (Supp.1994). Since the forty-year sentence on that count (count two) exceeds the legal maximum, we reverse the sentencing order on that count a…
Authorities Cited
- Ucal Howe v. State, 596 So. 2d 1227 (Fla. 2d DCA 1992)