CRAIG B. DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's 84-month sentence for aggravated assault with a firearm exceeded the statutory maximum for a third-degree felony and the lowest permissible sentence under the Criminal Punishment Code, so the court reversed and remanded for resentencing to 82.3 months.
A trial court may impose a sentence exceeding the statutory maximum for a third-degree felony under section 921.0024(2), but only up to the lowest permissible sentence provided by the Criminal Punishment Code.
[1] Under section 921.0024(2), Florida Statutes, a trial court may impose a sentence exceeding the statutory maximum for a felony only up to the lowest permissible sentence c…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of aggravated assault with a firearm, a third-degree felony punishable by up to 60 months, and sentenced to 84 months. The Cri…
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PER CURIAM.
The appellant challenges the trial court’s order summarily denying his rule 3.800(a) motion, in which he alleges that his sentence is illegal because it exceeds the statutory maximum for a third-degree felony. Because the appellant’s sentence exceeds both the statutory maximum and the lowest permissible sentence under the Criminal Punishment Code, we reverse.
The appellant was convicted of aggravated assault with a firearm and sentenced to eighty-four months’ imprisonment. Aggravated assault with a firearm is a third-degree felony punishable by up to sixty months’ imprisonment. The appellant’s lowest permissible prison sentence on the Criminal Punishment Code scoresheet was 82.3 months, so section 921.0024(2), Florida Statutes (1999), authorized the trial court to impose a sentence in excess of the statutory maximum for a third-degree felony. See Butler v. State, 838 So. 2d 554 (Fla. 2003). However, section 921.0024(2) only authorizes the trial court to sentence the appellant to the lowest permissible sentence provided by the Criminal Punishment Code. Thus, the appellant should have received a sentence of 82.3 months, not eighty-four months. See Watkins v. State, 787 So. 2d 141, 142 (Fla. 2d DCA 2001).
We, therefore, reverse the trial court’s order summarily denying the appellant’s motion to correct illegal sentence and remand for the trial court to resentence the appellant to the lowest permissible sentence pursuant to the Criminal Punishment Code.
REVERSED and REMANDED.
BARFIELD, BROWNING and LEWIS, JJ., CONCUR.
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Zeman v. State, 46 So. 3d 162 (Fla. 4th DCA 2010)…t scored 15.56 years in prison on his scoresheet, the court did not err in sentencing him to fifteen years. See § 921.0024(2), Fla. Stat. (2005) (authorizing the trial court to sentence to the lowest permissible sentence); see also Daniels v. State, 838 So. 2d 617 (Fla. 1st DCA 2003). Nevertheless, there is a scrivener’s error on the judgment, which lists this charge as a second degree felony. For these reasons, we reverse the sentence on the attempted robbery with a firearm charge and remand the case for re…
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Sasser v. State, 858 So. 2d 1258 (Fla. 1st DCA 2003)…orrected scoresheet in case number 02-3308. Appellant must be sentenced between his Criminal Punishment Code scoresheet lowest permissible sentence and the statutory maximum. See Butler v. State, 838 So. 2d 554, 555-56 (Fla. 2003); Daniels v. State, 838 So. 2d 617, 618 (Fla. 1st DCA 2003); §§ 921.002(g), 921.0024(2), Fla. Stat. (2002). As corrected, Appellant’s lowest permissible sentence of 58.05 months’ imprisonment is below the statutory maximum of 60 months for a third-degree felony. Therefore, in case nu…
Authorities Cited
- Winyatta Butler v. State, 838 So. 2d 554 (Fla. 2003)
- Watkins v. State, 787 So. 2d 141 (Fla. 2d DCA 2001)