EDWARD DALE WISKUSKY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-03-27
No. 97-00102
FRANK, A.C.J., and FULMER, J., concur.
707 So. 2d 1187 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 4 cases
Topics
First-Degree Felony Sentencing Correction Of Illegal Sentence Statutory Maximum Sentence

Explore caselaw by topic → Browse First-Degree Felony Sentencing cases and more on FLexlaw

Opinion of the Court
QUINCE, Judge.

QUINCE, Judge.

Edward Wiskusky challenges the sentences imposed for two counts of attempted capital sexual battery. He claims the sentences are illegal because they exceed the statutory maximum for first-degree felonies. We agree and treat this appeal as a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800.

Wiskusky entered no contest pleas to two counts of attempted capital sexual battery, which are first-degree felonies. See § 777.04, Fla. Stat. (1989). He was sentenced to thirty years’ imprisonment to be followed by fifteen years’ probation on each count, with the sentences to run concurrently. Wiskusky’s cumulative sentence on each count is forty-five years, which clearly exceeds the thirty-year statutory maximum for first-degree felonies. See Jones v. State, 664 So. 2d 1116 (Fla. 4th DCA 1995).

Accordingly, we reverse Wiskusky’s sentence and remand for resentencing to a term which does not exceed the maximum statutory penalty for these offenses.

FRANK, A.C.J., and FULMER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Uriah F. Fuentes v. State, 711 So. 2d 175 (Fla. 2d DCA 1998)
    …nces were to run concurrently. A sentence in which the inearcera-tive portion and the probationary portion, when combined, exceed the statutory maximum is an illegal sentence. See King v. State, 681 So. 2d 1136, 1140 (Fla.1996); Wiskusky v. State, 707 So. 2d 1187 (Fla. 2d DCA 1998). Furthermore, a defendant cannot agree to a sentence that exceeds the statutory maximum. See Jones v. State, 664 So. 2d 1116 (Fla. 4th DCA 1995). Reversed and remanded, with instructions. BLUE, A.C.J., and GREEN and CASANUEVA,…
  • Munoz v. State, 218 So. 3d 459 (Fla. 5th DCA 2017)
    …llegal for the delivery of cannabis convictions, as it exceeds the statutory maximum. A sentence in which the incarcera-tive portion and the probationary portion, when combined, exceed the statutory maximum is an illegal sentence. Wiskusky v. State, 707 So. 2d 1187 (Fla. 2d DCA 1998). The three counts of delivery of cannabis within 1000 feet of a school are second-degree felonies punishable by up to fifteen years in prison. §§ 775.082(3)(c), 893.13(1)(c)2, Fla. Stat. (2013). Accordingly, we grant the petition…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw