WILLIAM STEINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's sentence of 22 years (12 years prison plus 10 years probation) for lewd and lascivious acts with a child exceeded the 15-year statutory maximum for second-degree felonies, making the sentence illegal and requiring reversal and resentencing.
A sentence of 22 years (12 years imprisonment plus 10 years probation) for second-degree felonies under section 800.04, Florida Statutes, exceeds the statutory maximum of 15 years and is therefore illegal.
[1] A sentence combining concurrent imprisonment and probation that exceeds the statutory maximum for the offense constitutes an illegal sentence subject to correction under…
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Join FLexlaw to unlock all legal intelligenceSteiner pled nolo contendere to two counts of lewd and lascivious acts in the presence of a child under 16 and was sentenced to 12 years in prison on …
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PLEUS, J.
William Steiner appeals the summary denial of his Rule 3.800(a)1 motion to correct an illegal sentence after he pled nolo contendere to two counts of lewd and lascivious acts in the presence of a child under 16. Steiner was sentenced to concurrently serve 12 years in prison on both counts, followed by 10 years probation. He argues on appeal that the offenses are second degree felonies and the combined term of 22 years of prison and probation exceeds the statutory maximum of 15 years. The trial court denied the defendant’s motion without explanation and this appeal followed.
The state concedes that the defendant’s sentences are illegal and that the trial court incorrectly denied the defendant’s motion to correct an illegal sentence without attaching any portions of the record that would justify the sentence imposed.
A violation of section 800.04, Florida Statutes, is a second degree felony which is punishable by a term of imprisonment not exceeding 15 years under section 775.092(3)(c), Florida Statutes (2001). See State v. Holmes, 360 So. 2d 380 (Fla.1978); Spring v. State, 795 So. 2d 266 (Fla. 1st DCA 2001). We therefore reverse and remand for resentencing.
REVERSED AND REMANDED.
THOMPSON, C.J., and PETERSON, J., concur. . Rule 3.800(a), Fla. R.Crim. P.
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Cooper v. State, 830 So. 2d 949 (Fla. 5th DCA 2002)…PETERSON, J. Dana L. Cooper seeks a belated appeal of his criminal conviction and sentence, alleging that his trial counsel advised him that no right to appeal existed and that the trial court never informed him differently. In Lee v. State, 813 So. 2d 275 (Fla. 5th DCA 2002), we held that when a petitioner alleged that he was not informed of his right to appeal, he was entitled to a hearing to determine if his allegation had merit and, if so, whether petitioner could have ascertained the right to app…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Lingo v. Dolphin's Cove Est., Inc., 795 So. 2d 266 (Fla. 1st DCA 2001)