URIAH F. FUENTES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence is illegal if the combined prison and probationary terms exceed the statutory maximum for the offense.
Fuentes pleaded guilty to attempted capital sexual battery and lewd and lascivious act, receiving concurrent sentences of fifteen years in prison foll…
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PER CURIAM.
Uriah F. Fuentes challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Fuentes contends that the sentence imposed upon his conviction for a lewd and lascivious act in the presence of a child under sixteen is illegal because the combined prison and probationary terms exceed the statutory maximum for a second-degree felony. We agree and reverse and remand for resentencing within the statutory maximum.
Fuentes, in October of 1996, pleaded guilty to the offense of attempted capital sexual battery and was sentenced to fifteen years in prison followed by ten years probation. On the same day, he also pleaded guilty to a lewd and lascivious act and received a concurrent sentence, of fifteen years’ prison followed by ten years’ probation. Fuentes filed a motion to correct an illegal sentence in which he sought to have his sentence on the lewd and lascivious act vacated and a sentence imposed that did not exceed the fifteen-year statutory maximum for a second-degree felony. The trial court denied the motion, finding that it could have imposed a thirty-year sentence on the attempted capital sexual battery, a first-degree felony, and that the sentences 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, JJ., concur.
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Adams v. State, 901 So. 2d 275 (Fla. 5th DCA 2005)…Adams received a combined term of prison and probation in excess of the thirty year statutory maximum for the offense to which he pled, and for which he was sentenced. See Gonzales v. State, 816 So. 2d 720, 721 (Fla. 5th DCA 2002); Fuentes v. State, 711 So. 2d 175 (Fla. 2d DCA 1998). A defendant cannot by a plea agreement accept a sentence that exceeds the statutory maximum. See Gonzales at 722. REVERSED and REMANDED for re-sentencing. PETERSON and PLEUS, JJ., concur. . §§ 794.011(2), 777.04(4)(b), 775.082…
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Daigle v. State, 848 So. 2d 1233 (Fla. 2d DCA 2003)…um sentence of fifteen years. Daigle received a sentence of ten years, ten months, to be followed by ten years of probation. This sentence is illegal because the combined prison and probation time exceeds the statutory maximum. See Fuentes v. State, 711 So. 2d 175 (Fla. 2d DCA 1998). During the pendency of this appeal, Dai-gle filed a motion to correct sentencing error. The trial court conducted a hearing on the motion and the prosecutor agreed that the sentence exceeded the statutory maximum for the offense…
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Echevarria v. State, 296 So. 3d 543 (Fla. 5th DCA 2020)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- King v. State, 681 So. 2d 1136 (Fla. 1996)
- Jones v. State, 664 So. 2d 1116 (Fla. 4th DCA 1995)
- Wiskusky v. State, 707 So. 2d 1187 (Fla. 2d DCA 1998)