JAMES DEBORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORDER ON APPELLANT’S MOTION FOR CLARIFICATION AND/OR REHEARING
PER CURIAM.
James Debord appeals an order denying his motion to correct illegal sentence alleging various scoring errors in his sentencing scoresheet. The trial court denied the motion reasoning that the sentences were the result of a negotiated plea rather than the sentencing guidelines. See Bell v. State, 795 So. 2d 1140, 1141 (Fla. 1st DCA 2001); Brown v. State, 781 So. 2d 484, 485 (Fla. 4th DCA 2001); Boerstler v. State, 622 So. 2d 184, 184 (Fla. 1st DCA 1993). But, in all but one case, Mr. Debord’s sentences exceeded the statutory maximum for the offenses. See Bell, 795 So. 2d at 1141; Hepburn v. State, 778 So. 2d 448, 448 (Fla. 3d DCA 2001); Dunenas v. Moore, 762 So. 2d 1007, 1008 (Fla. 3d DCA 2000). Assuming his allegations are accurate, the sentences exceeding the statutory maxi mum would also exceed the guidelines range, and therefore be illegal. We therefore reverse and remand for the trial court to reach the merits of Mr. Debord’s allegations.
REVERSED and REMANDED.
ALLEN, C.J., BOOTH and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carson v. State, 37 So. 3d 884 (Fla. 1st DCA 2010)…03 (Fla. 1st DCA 1999) (same); Taylor v. State, 899 So. 2d 1191, 1192 (Fla. 1st DCA 2005) (same); Leavitt v. State, 810 So. 2d 1032, 1033 (Fla. 1st DCA 2002) (same); Kinney v. State, 808 So. 2d 1285, 1285 (Fla. 1st DCA 2002) (same); Debord v. State, 802 So. 2d 528 (Fla. 1st DCA 2001) (same); Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993) (same); Hebert v. State, 600 So. 2d 1293, 1294 (Fla. 1st DCA 1992) (same); see also Walters v. State, 812 So. 2d 457, 458 (Fla. 5th DCA 2002) (holding that a defenda…
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Kinney v. State, 808 So. 2d 1285 (Fla. 1st DCA 2002)…See Robinson v. State, 762 So. 2d 909 (Fla.2000). And see Larson v. State, 572 So. 2d 1368, 1371 (Fla. 1991) (stating that a defendant cannot by agreement confer on a judge the authority to exceed the penalties established by law); Debord v. State, 802 So. 2d 528 (Fla. 1st DCA 2001) (reversing trial court’s order denying the defendant’s motion to correct under the theory that the sentences, which exceeded the statutory maximum, were the result of a negotiated plea). REVERSED and REMANDED for further procee…
Authorities Cited
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)
- Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993)
- Hepburn v. State, 778 So. 2d 448 (Fla. 3d DCA 2001)
- Bell v. State, 795 So. 2d 1140 (Fla. 1st DCA 2001)
- Brown v. State, 781 So. 2d 484 (Fla. 4th DCA 2001)