RONNIE ANTWAN RICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence exceeding the statutory maximum for the offense is illegal and requires resentencing.
Appellant received a 40-year sentence for attempted robbery with a firearm, which is a second-degree felony punishable by up to 15 years. The lowest p…
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The appellant has filed a rule 3.800(a) motion asserting that his 40-year sentence for attempted robbery with a firearm is illegal. Because it appears that the appellant’s sentence exceeds the statutory maximum, the appellant is entitled to be resen-tenced.
Attempted armed robbery is a second-degree felony punishable by up to 15 years’ imprisonment. §§ 812.13(2)(a), 777.04(4)(e), 775.082(3)(c), Fla. Stat. (2006); Washington v. State, 11 So.3d 998 (Fla. 1st DCA 2009). If the lowest permissible sentence on the Criminal Punishment Code scoresheet exceeds the statutory maximum sentence, the sentence required by the Code must be imposed. See Fla. R.Crim. P. 3.704(d)(25); § 921.0024(2), Fla. Stat. (2006); Butler v. State, 838 So.2d 554, 555-56 (Fla.2003). In the instant case, the appellant’s lowest permissible sentence on the scoresheet was 16.375 years’ imprisonment, and the 40-year sentence imposed clearly exceeds both the 15-year statutory maximum and the lowest permissible sentence.
Accordingly, we reverse and remand for resentencing. We affirm without further discussion the appellant’s remaining claims.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
HAWKES, C.J., BENTON and LEWIS, JJ., concur.
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Antoine Smith v. State, 93 So. 3d 387 (Fla. 1st DCA 2012)…’s criminal punishment code scoresheet is 337.8 months, or 28.15 years’ imprisonment. When the lowest permissible sentence on a scoresheet exceeds the statutory maximum, it is the lowest permissible sentence that must be imposed. See Ricks v. State, 36 So. 3d 810 (Fla. 1st DCA 2010). The 30-year sentence thus exceeds both the statutory maximum sentence and the lowest permissible sentence on his scoresheet and therefore constitutes an illegal sentence. Although it appears from the record that the appellant ag…
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Authorities Cited
- Winyatta Butler v. State, 838 So. 2d 554 (Fla. 2003)
- Ashley v. State, 11 So. 3d 998 (Fla. 1st DCA 2009)
- Ali Washington v. State, 11 So. 3d 998 (Fla. 1st DCA 2009)