WESLEY PAUL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WESLEY PAUL, APPELLANT,
STATE OF FLORIDA, APPELLEE
195 So. 3d 420
Florida District Court of Appeal, Fourth District (2016)
Positive Treatment
Cited by 3 cases
Opinion of the Court
We reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. The State concedes that appellant’s combined sentence of 11.67 years in prison followed by 10 years of probation is illegal as it exceeds the 15-year statutory maximum for the second degree felonies in lower tribunal case numbers 08-10007CF10B, 09-18113CF10A, 09-18114CF10A, and 10-20584CF10A. Re-sentencing is required as to these counts. Pursuant to Jordan v. State, 143 So.3d 335 (Fla.2014), appellant is entitled to be present at resentencing.
We do not disturb appellant’s sentence for the first degree felony in case number 10-20584CF10A.
Reversed and remanded for resentenc-ing.
WARNER, GROSS and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paul v. State, 268 So. 3d 754 (Fla. 4th DCA 2019)…at the second degree felony sentences were illegal as the combined prison and probation time exceeded the statutory maximum of fifteen years for a second degree felony. The trial court denied the motion, and Paul appealed. In Paul v. State, 195 So. 3d 420, 421 (Fla. 4th DCA 2016), this court reversed, as the State conceded that his sentence on the second degree felonies did exceed the statutory maximum. In our opinion, we ordered resentencing as to those convictions but specifically noted that th…
Authorities Cited
- Jordan v. State, 143 So. 3d 335 (Fla. 2014)