DAVID LEONARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a thirty-year sentence imposed upon probation revocation for a second-degree felony, holding that the sentence exceeded the statutory maximum of fifteen years.
A trial court may not impose a sentence exceeding the statutory maximum for the underlying felony when revoking probation.
[1] Upon revocation of probation for a second-degree felony, the trial court may not impose a sentence exceeding the statutory maximum penalty for that felony.
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Join FLexlaw to unlock all legal intelligenceLeonard was sentenced to fifteen years of probation for performing a lewd and lascivious act on a child, a second-degree felony. Upon probation revoca…
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PER CURIAM.
David Leonard challenges, as illegal, the thirty-year sentence he received when the trial court revoked the probation he was serving on a second-degree felony. Initially, this court determined that it was without jurisdiction to entertain this issue on direct appeal and dismissed the appeal without prejudice to Leonard to file a motion pursuant to Florida Rule of Criminal Procedure 3.800(a). See Leonard v. State, 731 So. 2d 2 (Fla. 2d DCA 1998). Our opinion dismissing the appeal was quashed by the Florida Supreme Court and the appeal was reinstated and remanded for consideration on the merits, See Leonard v. State, 760 So. 2d 114 (Fla.2000).
Leonard’s claim has merit and, therefore, we reverse. In circuit court case number 89-7782, Leonard was sentenced to fifteen years of probation for the offense of performing a lewd and lascivious act on a child, a second-degree felony pursuant to section 800.04(1), Florida Statutes (1987). When his probation was revoked, the trial court sentenced him to thirty years in prison, which exceeded the statutory maximum of fifteen years for the second-degree felony. See § 775.082(3)(c), Fla. Stat. (1987).
Accordingly, we reverse and remand for resentencing.
ALTENBERND, A.C.J., FULMER and CASANUEVA, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Leonard v. State, 731 So. 2d 2 (Fla. 2d DCA 1998)