LESLIE NEWTON ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
As the state concedes, the defendant’s guideline sentence of five and one-half years must be reversed because it exceeds the statutory maximum for the offense of possession of marijuana with intent to distribute. The offense was committed on September 30, 1993. At that time, the statutory maximum was the outer limit of a legal sentence regardless of the defendant’s sentencing guidelines score. If the guideline sentence exceeded the statutory maximum, the statutory maximum sentence was to be imposed. See Carter v. State, 556 So. 2d 795 (Fla. 1st DCA 1990). Accordingly, we reverse for resentencing on the charge of possession of marijuana with intent to distribute. We find no error as to the sentences imposed on any of the other charges in this case.
Affirmed in part and reversed in part.
MICKLE, LAWRENCE and PADOVANO, JJ., concur.
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Fullwood v. State, 827 So. 2d 343 (Fla. 3d DCA 2002)…e of seventeen to twenty-two years. However, Defendant committed these offenses in 1993 and prior to 1994, a court could not impose a guidelines sentence beyond the statutory limits. See Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Allen v. State, 702 So. 2d 301 (Fla. 1st DCA 1997); see also § 921.001(5) Fla. Stat. (1991). Accordingly, as concerns the sentencing issue, we reverse and remand with instructions to the trial court to resentence defendant to the statutory maximum for a second degree felony-fif…
Authorities Cited
- Carter v. State, 556 So. 2d 795 (Fla. 1st DCA 1990)