CHRISTOPHER CHESSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant appeals the denial of his motion made pursuant to Florida Rules of Criminal Procedure 3.800 to vacate his twenty year sentence entered pursuant to a plea agreement on the grounds that it is illegal. For purposes of rule 3.800, an illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines. See Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995); Wright v. State, 711 So. 2d 66, 67 (Fla. 3d DCA 1998); Hinson v. State, 709 So. 2d 629, 630 (Fla. 1st DCA 1998); State v. Moten, 698 So. 2d 1345, 1346 (Fla. 5th DCA 1997); Skidmore v. State, 688 So. 2d 1014, 1015 (Fla. 3d DCA 1997). The sentence imposed upon the ap*pellant is less than the statutory maximum sentence for the crimes that he committed1 and is therefore not an illegal sentence as prescribed under rule 3.800. Therefore, finding no merit to the appellant’s argument, we affirm the order under review.
Affirmed.
. Based upon the kidnapping charge alone, the appellant was eligible for a maximum sentence of life imprisonment.
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Barton Hill v. State (Fla. 3d DCA 2021)…lee. Before HENDON, MILLER, and BOKOR, JJ. MILLER, J. 2 Affirmed. See Fla. R. Crim. P. 3.800(a)(1) (requiring affirmative allegations “that the court records demonstrate on their face an entitlement to . . . relief”); see also Chesson v. State, 729 So. 2d 974, 975 (Fla. 3d DCA 1999) (“[A]n illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines.”) (citations omitted); § 948.06(1)(g), Fla. Stat. (“Upon the filing of an affidavit…
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Thacker v. Singletary, 145 F. Supp. 2d 1332 (S.D. Fla. 2000)…639 (Fla. 2d DCA 1994) rev granted, State v. Callaway, 652 So.2d 818, approved 658 So.2d 983 (1995). An illegal sentence is one which exceeds the statutory maximum without regard for the sentencing guidelines. Chesson v. State, 729 So.2d 974, 975 (Fla. 3d DCA 1999). However, it is recognized that a sentence within the statutory maximum may be an illegal one where the sentence was meant to be consistent with the guidelines and involves no factual disputes such as the defendant’s criminal…
Authorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)
- Wright v. State, 711 So. 2d 66 (Fla. 3d DCA 1998)
- State v. Moten, 698 So. 2d 1345 (Fla. 5th DCA 1997)
- Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998)