LOUIS LUBIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LOUIS LUBIN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
758 So. 2d 747
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Defendant appeals from judgments of conviction and sentences for attempted second degree murder of a law enforcement officer, grand theft auto, aggravated battery of a person over sixty-five years of age, and attempted robbery. We affirm.
Although the State confessed error on the sentencing issue, its confession was incorrect. “Although the sentences imposed on the defendant in the present case exceeded the statutory maximum, they were not illegal because they fell within the recommended sentencing guidelines.” Escutary v. State, 753 So. 2d 650 (Fla. 3d DCA 2000). See also, Mays v. State, 717 So. 2d 515 (Fla.1998). We note that this is not the first time the State has incorrectly confessed error on this point; we trust it will be the last.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Silvio Andres Padilla v. State, 905 So. 2d 217 (Fla. 3d DCA 2005)…, 651 (Fla. 3d DCA 2000)(for crimes committed after January 1, 1994, if the recommended sentence under the guidelines exceeds the statutory maximum, the guidelines must be imposed); see also, Mays v. State, 717 So. 2d 515 (Fla.1998); Lubin v. State, 758 So. 2d 747 (Fla. 3d DCA 2000). Therefore, while the statutory maximum for each count was 15 years ■ (all three counts were second degree felonies), the recommended sentence under the guidelines was 28.3 years, which pursuant to the statute, required that a sen…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Escutary v. State, 753 So. 2d 650 (Fla. 3d DCA 2000)