AARON KINNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed appellant's sentences for three third-degree felony burglaries because the sentences imposed as a prison releasee reoffender exceeded the statutory maximum allowed by law.
Sentences imposed as a prison releasee reoffender that exceed the statutory maximum for third-degree felony convictions are illegal and must be reversed, regardless of plea agreement.
[1] A defendant cannot by plea agreement confer authority on a trial judge to impose sentences exceeding the statutory maximum penalties established by law.
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Larson v. State, establishing that plea agreements cannot authorize sentences exceeding statutory maximums
Appellant was adjudicated guilty of three counts of third-degree felony burglary of a structure in violation of section 810.02(4), Florida Statutes, p…
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ERVIN, J.
In accordance with appellant’s argument and the state’s concession, we reverse appellant’s illegal sentences. Pursuant to a plea agreement, appellant was adjudicated guilty in Case Nos. 00-3083, 00-3084 and 00-3086 of three separate counts of third-degree felony burglary of a structure, in violation of section 810.02(4), Florida Statutes (2000). He was sentenced in all three cases as a prison releasee reoffender under section 775.082(9), Florida Statutes (2000), to concurrent terms of five years of incarceration followed by ten years of probation.
These sentences are illegal, because they exceed the statutory maximum provided in section 775.082(9) for the third-degree felony convictions. 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 proceedings consistent with this opinion.
BARFIELD and LEWIS, 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)…523 (Fla. 1st DCA 2003) (same); Wright v. State, 743 So. 2d 103, 103 (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. Stat…
Authorities Cited
- Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
- Debord v. State, 802 So. 2d 528 (Fla. 1st DCA 2001)
- Robinson v. State, 762 So. 2d 909 (Fla. 2000)