JAMES T. GRISSOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-09-13
No. 96-01467
FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
679 So. 2d 1254 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 4 cases
Topics
Mandatory Penalty Life Felony Motion To Correct Sentence Statutory Maximum Sentence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

James Grissom seeks review of the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because his sentence exceeds the statutory maximum, we reverse.

Each of the errors he asserts is without merit except his contention that the fifty-year term of incarceration exceeds the statutory maximum. Grissom was charged in 1990 with and convicted in 1992 of engaging in a continuing criminal drug enterprise in violation of section 893.20, Florida Statutes (1989), a crime denominated a life felony calling for a twenty-five year mandatory penalty; the sentencing guidelines did not apply. Life felonies committed between October 1, 1983, and July 1, 1995, are punishable by a term of life or a term of years not to exceed forty. § 775.082(3)(a), Florida Statutes (1995).

Grissom’s sentence exceeds the maximum term of years authorized by law and requires correction so that it comports with the provisions of chapter 775, Florida Statutes (1995).

Affirmed in part, reversed in part, and remanded.

FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jenkins v. State, 688 So. 2d 418 (Fla. 2d DCA 1997)
    …more serious offenses. If copies of the judgments do not refute the claim, his motion which alleges that his sentences for these offenses exceed the maximum permissible penalties is well-taken and he will be entitled to relief. See Grissom v. State, 679 So. 2d 1254 (Fla. 2d DCA 1996). Reversed and remanded. SCHOONOVER, A.C.J., and BLUE and QUINCE, JJ., concur.…
  • Fitzpatrick v. State, 696 So. 2d 805 (Fla. 2d DCA 1997)
    …e crimes constitutes a second-degree felony for which the statutory maximum is fifteen years. To the extent that the sentence on this count exceeds fifteen years, it is illegal and subject to correction in a collateral proceeding. Grissom, v. State, 679 So. 2d 1254 (Fla. 2d DCA 1996); Stephens v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996). Unless Fitzpatrick has misrepresented the sentence he received on the second-degree felony, the trial court on remand must resen-tenee him to a term on that count in which…

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