DONOVAN STEWART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's probation revocation and resulting seven-year sentence are reversed because he has already served the five-year statutory maximum for his 1992 cannabis possession offense, requiring his immediate release.
A defendant whose probation is revoked cannot be sentenced to a term exceeding the statutory maximum for the original offense, even through successive probation revocations.
[1] A defendant sentenced for an offense committed before 1994 cannot be sentenced to a term exceeding the statutory maximum for that offense, even when probation is revoked…
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Join FLexlaw to unlock all legal intelligenceDefendant was charged in 1992 with possession of cannabis (a third-degree felony with a five-year statutory maximum), pled guilty with adjudication wi…
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PER CURIAM.
Defendant appeals the revocation of his probation and resulting sentence. Because he has already served the statutory maximum, we reverse and direct Defendant’s immediate release.
On May 5, 1992, Defendant was charged with possession of cannabis, a third degree felony, punishable by a statutory maximum of five years. See §§ 775.082(3)(d), 893.03(l)(c), 893.13(l)(f), Fla. Stat. (1991). Defendant pled guilty, and the trial court withheld adjudication and imposed a sentence of eighteen months of probation. Thereafter, Defendant violated his probation four times, and the trial court revoked his probation, imposing new sentences, the last of which was seven years imprisonment. Between the thud revocation of probation in 1995 and the fourth revocation in 1999, however, Defendant had served the statutory maximum sentence of five years. Although a trial court currently must impose a recommended guidelines sentence that is greater than the statutory maximum pursuant to section 921.001(5), Florida Statutes, that provision does not apply to offenses committed before 1994. See Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Fance v. State, 645 So. 2d 188, 188-89 (Fla. 3d DCA 1994). Because Defendant’s original substantive offense of possession of cannabis was committed in 1992, Defendant could be sentenced for no longer than the statutory maximum of five years for that offense. Defendant shall be released from custody upon receipt of this opinion, irrespective of any motion for rehearing.
POLEN, FARMER and HAZOURI, JJ., concur.
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Brown v. State, 866 So. 2d 94 (Fla. 1st DCA 2004)…mposed by trial court judges must be in all cases within any relevant minimum and maximum sentence limitations provided by statute and must conform to all other statutory provisions”); Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Stewart v. State, 755 So. 2d 736 (Fla. 4th DCA 2000). Thus, the maximum sentence appellant could receive on each count is 5-years. Accordingly, we reverse the trial court’s denial of appellant’s claim that his sentences are illegal because they exceed the statutory máximums for hi…
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Crosier v. State, 806 So. 2d 585 (Fla. 4th DCA 2002)…. Although section 921.001, Florida Statutes (1995), permits the imposition of a sentence above the statutory maximum, the statute does not apply to offenses committed before 1994. See Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Stewart v. State, 755 So. 2d 736 (Fla. 4th DCA 2000). Crosier committed his offense prior to 1994. Originally sentenced to thirteen years in prison, Crosier moved to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court entered an am…
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Dennewitz v. State, 899 So. 2d 476 (Fla. 2d DCA 2005)…encing Dennewitz to more than the statutory fifteen-year maximum for each offense, less any time already served. See § 775.082(3)(c), Fla. Stat. (1992); Nixon v. State, 787 So. 2d 84, 84 (Fla. 2d DCA 2001); Brown, 866 So. 2d at 96; Stewart v. State, 755 So. 2d 736, 736 (Fla. 4th DCA 2000). Accordingly, we reverse Dennewitz’s sentence and remand for resentencing. Dennewitz also claims his score-sheet is incorrect. He argues that all three of his second-degree felonies should have been scored as primary offen…
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
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Ell Fance v. State, 645 So. 2d 188 (Fla. 3d DCA 1994)