CHRISTOPHER P. LEDUC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Leduc appeals the denial of his motion to correct an illegal sentence. The trial court imposed 42 months incarceration plus 5 years probation on each of four third-degree felony convictions, which Leduc argues exceeds the statutory maximum penalty of 5 years for such felonies. The appellate court agreed and reversed, finding the combined sentence structure violated Florida's sentencing statutes.
The court held that the sentences were illegal because they exceeded the statutory maximum penalty for third-degree felonies. Under Florida's Criminal Punishment Code, a trial court cannot lawfully impose, for each conviction, a split sentence that exceeds the total statutory maximum, even if the court could have imposed consecutive sentences of the statutory maximum length.
[1] A split sentence of incarceration and probation for a third-degree felony cannot exceed the statutory maximum penalty of five years.
[2] The statutory maximum penalty for a third-degree felony is five years incarceration.
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Establishes the core holding that combining incarceration and probation terms for a single conviction cannot exceed the statutory maximum for that offense.
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Join FLexlaw to unlock all legal intelligenceLeduc pleaded nolo contendere to resisting a law enforcement officer with violence, battery on a law enforcement officer, and two counts of criminal m…
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PER CURIAM.
The defendant below, Christopher Le-duc, appeals the summary denial of his 3.800(a) motion to correct sentence. Le-duc pled nolo contendere to resisting a law enforcement officer with violence, battery on a law enforcement officer and two counts of criminal mischief.
On May 17, 2000 he was sentenced on each count to 42 months incarceration followed by 5 years probation, all counts to run concurrent. All of these convictions were third degree felonies, for which the statutory maximum penalty is 5 years incarceration. See § 775.082(3)(d), Fla. Stat. (2001). Leduc argues that his sentences are illegal because the combined sanction of incarceration (42 months) and probation (60 months) exceeds the statutory maximum for a third degree felony.
The trial court denied relief because the seoresheet provided for a sentencing range of 13.95 months to 20 years. There were four third degree felonies, and if each 5 year sentence was ordered to be served consecutively, the total length of incarceration would be 20 years. Even though the trial court could have imposed consecutive 5 year sentences, it could not lawfully impose, for each conviction, a split sentence which exceeded 60 months. Under the Criminal Punishment Code, the statutory maximum penalty can only be exceeded if the lowest permissible sentence is greater, which is not the case here. The court could have imposed 42 months incarceration on some of the counts, and 60 months probation on the remaining counts, to achieve the same length of incarceration and probation.
However, under the present sentencing structure, the trial court imposed illegal sentences which exceeded the statutory maximum penalty for a third degree felony. We therefore reverse the order denying relief and remand the case for resentencing.
REVERSED AND REMANDED.
COBB, HARRIS and PETERSON, JJ„ concur.
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Henderson v. State, 853 So. 2d 603 (Fla. 5th DCA 2003)…tatutory maximum penalty for a second degree felony, and the lowest sentence under the Criminal Punishment Code does not exceed the statutory maximum penal [*604] ty. See Fla. R.Crim. P. 3.704(d)(25); Fla. R.Crim. P. 3.704(d)(27)(B); Leduc v. State, 803 So. 2d 898 (Fla. 5th DCA 2002). Therefore, the split sentences totaling 17 years are unlawful.2 Henderson did not object to this sentencing error at sentencing or in his motion pursuant to rule 3.800(b). Thus we are barred from addressing this apparently fund…
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Bozzuto v. State, 14 So. 3d 257 (Fla. 5th DCA 2009)…e Criminal Punishment Code scoresheet provided for a greater sentence. However, this is only the case when the lowest permissible sentence under the Criminal Punishment Code exceeds the statutory maximum. Fla. R.Crim. P. 3.704(d)(5); Leduc v. State, 803 So. 2d 898, 899 (Fla. 5th DCA 2002); Cillo v. State, 913 So. 2d 1233, 1234 (Fla. 2d DCA 2005). In this case, the lowest permissible sentence under the Criminal Punishment Code scoresheet was 97.8 months’ (or 8.15 years) incarceration. The maximum sentence th…