WILLIAM ROUTENBERG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Life Felony cases and more on FLexlaw
PER CURIAM.
William Routenberg appeals the sentence imposed following this court’s prior remand for resentencing pursuant to the appropriate guidelines. See Routenberg v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996). On remand, Routenberg was sentenced to seventeen years’ imprisonment followed by life probation for sexual battery, a life felony. Routen-berg maintains, and the State concedes, that his total sentence cannot exceed forty years, the maximum amount for a life felony sentenced as a term of years. See § 775.082(3)(a), Fla. Stat. (1995). Because the total of the ineareerative and probationary periods of Routenberg’s sentence exceeded forty years, it was an illegal sentence.
The sentence is reversed and this matter is remanded for resentencing consistent with this opinion.
THREADGILL, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kiev Rayvon Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010)…mprisonment for life or a term of imprisonment not exceeding forty years. See § 775.082(3)(a)(2). Because his sentence was for a term of years, the additional sentence of probation for life would exceed the forty-year limit. See Routenberg v. State, 721 So. 2d 1187, 1187 (Fla. 2d DCA 1998); Walker v. State, 660 So. 2d 332, 333 (Fla. 2d DCA 1995); Stokes v. State, 658 So. 2d 1159, 1160 (Fla. 2d DCA 1995). But Mr. Robinson’s argument is incorrect. Because Mr. Robinson committed the offense after July 1, 1995,…
-
Routenburg v. State, 802 So. 2d 361 (Fla. 2d DCA 2001)…ffirmed in part, reversed in part, and remanded. BLUE, C.J., and DAVIS, J., Concur. . Routenberg's sentence on the violation of probation was twice overturned on appeal. Routenberg v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996); Routenberg v. State, 721 So. 2d 1187 (Fla. 2d DCA 1998). . Resolution of the Karchesky issue allows a very narrow exception to the general rule that evidentiary hearings are not permitted in addressing motions filed pursuant to rule 3.800. See Rowan v. State, 791 So. 2d 40, 43 (Fla. 2…
Authorities Cited
- Stephens v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996)
- Routenberg v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996)