STEVE CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Steve Cruz appeals his sentences imposed after he admitted to violating community control in two criminal cases. The appellate court reversed sentences on five counts, finding that the trial court imposed sentences exceeding the maximum permissible penalties for third-degree felonies and imposed sentences on counts where the court lacked jurisdiction.
The court reversed sentences on five counts. The six-year sentences on three third-degree felony counts in case 13-CF-17933 were illegal because the maximum permissible sentence for third-degree felonies is five years. The six-year sentences on two counts in case 14-CF-432 were illegal because the trial court lacked jurisdiction to impose any sentence on the count where Cruz received time served or on the count dismissed by nolle prosequi.
[1] The legality of a sentence is a pure issue of law subject to de novo review.
[2] A sentence exceeding the statutory maximum for a third-degree felony is illegal.
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Join FLexlaw to unlock all legal intelligence“We review the legality of a sentence as a pure issue of law that is subject to de novo review.”
Establishes the standard of appellate review for sentence legality issues.
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Join FLexlaw to unlock all legal intelligenceCruz entered negotiated guilty pleas in two cases on May 6, 2014, to be sentenced as a youthful offender. In case 13-CF-17933, he pleaded guilty to ar…
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Steve Cruz appeals the sentences he received after he admitted to violating his community control in two separate cases. On May 6, 2014, he entered negotiated guilty pleas in each case to be sentenced as a youthful offender to concurrent terms of community control followed by probation. See § 958.04, Fla. Stat. (2013). In case 13-CF-17933, Mr. Cruz was charged with four felony counts and pleaded guilty as charged to each. On count I, armed burglary of a dwelling, a first-degree felony punishable by life, he was sentenced as a youthful offender to two years of community control followed by three years of probation. On count II (grand theft of a motor vehicle, a third-degree felony), count III (grand theft of $300-$5000, a third-degree felony), and count IV (grand theft of a firearm, a third-degree felony), he was sentenced as a youthful offender to two years of community control followed by two years of probation, all concurrent with count I. In case 14-CF-432, Mr. Cruz was charged with three felony counts. He pleaded guilty as charged to count I, burglary of an unoccupied dwelling, a second-degree felony, and was sentenced as a youthful offender to two years of community control followed by three years of probation, concurrent with all counts in case 13-CF-17933. On count II of case 14-CF-432, grand theft from a dwelling, he received a sentence of time served in exchange for his guilty plea. The State entered a nolle prosequi on count III of case 14-CF-432, grand theft of a motor vehicle.
On November 6, 2014, the Department of Corrections filed an amended affidavit of violation of community control alleging that Mr. Cruz committed various violations of the terms of his community control. *650The circuit court accepted Mr. Cruz’ admission to two of these violations and sentenced him to six years in prison as a youthful offender on all seven counts from both criminal cases. Mr. Cruz now appeals, arguing that , his sentences on five counts were illegal.
We review the legality of a sentence as a pure issue of law that is subject to de novo review. Wardlaw v. State, 832 So.2d 258, 259 (Fla. 2d DCA 2002); Bay v. State, 68 So.3d 346, 347 (Fla. 1st DCA 2011); Flowers v. State, 899 So.2d 1257, 1259 (Fla. 4th DCA 2005). On the record before us, it is apparent that reversal is merited on five counts. In case 13-CF-17933, the sentences of six years in prison as a youthful offender on counts II, III, and IV were erroneous, as the State concedes, because the maximum permissible sentence on each of these third-degree felony counts was five years' in prison. See § 958.14, Fla. Stat. (2013); State v. Milbry, 476 So.2d 1281, 1281-82 (Fla.1985). Furthermore, in case 14-CF-432,-the trial court reversibly, erred in sentencing Mr. Cruz to six years in prison as a youthful offender on counts II and III, given that, as.part of Mr. Cruz’ original negotiated probationary plea, Mr. Cruz pleaded to. time served on count II, and the State entered a nolle prosequi on count III. As the State again concedes, the circuit court lacked jurisdiction to impose aiiy sentence on either of these counts-. See, e.g., Reynolds v. State, 28 So.3d 979, 980 (Fla. 2d DCA 2010).
Reversed and remanded for resentenc-ing consistent with this opinion;
•CASANUEVA, LaROSE, and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MC Cray v. State (Fla. 2d DCA 2019)…e reduced his lowest permissible sentence, and, based upon the trial court's comments, would have resulted in a lower sentence. Because Mr. McCray essentially challenges the legality of his sentence, we afford de novo review. See Cruz v. State, 198 So. 3d 648, 650 (Fla. 2d DCA 2015) ("We review the legality of a sentence as a pure issue of law that is subject to de novo review."). - 4 - We quickly dispatch Mr. McCray's claim that he was not previously designated as a VFOSC. This claim was not preserv…
Authorities Cited
- Flowers v. State, 899 So. 2d 1257 (Fla. 4th DCA 2005)
- State v. Livingston Milbry, 476 So. 2d 1281 (Fla. 1985)
- Wardlaw v. State, 832 So. 2d 258 (Fla. 2d DCA 2002)
- RAY v. State, 68 So. 3d 346 (Fla. 1st DCA 2011)
- Reynolds v. State, 28 So. 3d 979 (Fla. 2d DCA 2010)