CHRISTIAN SHAWN NIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Acting Chief Judge.
Christian Shawn Nixon argues, and we agree, that the trial court erred in sentencing. Accordingly, we reverse.
Nixon committed numerous offenses in 1992. After revoking his probation, the trial court sentenced Nixon to thirty-five years for each count to run concurrently. The sentences were imposed over defense counsel’s objection; thus, this issue was properly preserved for appeal. For offenses committed prior to 1994, a trial court cannot impose a sentence in excess of the statutory maximum. See Mays v. State, 717 So. 2d 515 (Fla.1998). See also Allen v. State, 771 So. 2d 1245 (Fla. 2d DCA 2000). Applicable to this case, the statutory máximums are as follows: for a first-degree felony, thirty years, see § 775.082(3)(b), Fla. Stat. (1991); for a second-degree felony, fifteen years, see § 775.082(3)(c); and for a third-degree felony, five years, see § 775.082(3)(d). Because the trial court exceeded the statutory máximums by imposing a thirty-five year sentence on each count, we reverse.
Reversed and remanded for resentencing.
SALCINES and STRINGER, JJ„ concur.
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Citator
Cited By
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Dennewitz v. State, 899 So. 2d 476 (Fla. 2d DCA 2005)…wn v. State, 866 So. 2d 94, 96 (Fla. 1st DCA 2004). The trial court erred in sentencing 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 tha…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Allen v. State, 771 So. 2d 1245 (Fla. 2d DCA 2000)