KIT BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Kit Butler appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s denial of Bulter’s Heggs1 claim without comment.
We must reverse and remand the order, however, because the trial court failed to address Butler’s second claim. Specifically, we remand for the trial court to consider whether the concurrent sixteen-year probationary split sentences imposed on Butler’s convictions for possession with intent to sell cannabis and possession with intent to sell methamphetamine are illegal because they exceed the statutory maximum as well as the maximum permitted by the guidelines. See, e.g., Padilla v. State, 750 So. 2d 671 (Fla. 2d DCA 1999)(finding probationary split sentence that exceeded both the statutory maximum and the maximum permitted by the guidelines illegal).
Affirmed in part, reversed in part, and remanded.
PATTERSON, C.J., and FULMER and GREEN, JJ., Concur. . Heggs v. State, 759 So. 2d 620 (Fla.2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Campbell v. State, 854 So. 2d 257 (Fla. 1st DCA 2003)…ravated battery are third-degree felonies punishable by up to five years’ imprisonment. §§ 787.02; 784.02; 775.082(3)(d), Fla. Stat. (2001). Thus, the appellant’s sentences exceed the statutory maximum for a third-degree felony. See Butler v. State, 773 So. 2d 1171 (Fla. 2d DCA 2000). We therefore reverse the trial court’s summary denial and remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or to grant the appellant’s requested relief. AFFIRMED in pa…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Padilla v. State, 750 So. 2d 671 (Fla. 2d DCA 1999)