KENNETH RICHARD CUMBIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
Cumbie appeals his conviction and sentence for attempted sexual battery contending, inter alia, that the trial court erred in sentencing him to 20 years in prison followed by 12 years probation. We agree the court erred as to the sentence imposed.
Cumbie was charged with capital sexual battery but was convicted only of attempted capital sexual battery, a first degree felony for which the maximum sentence authorized by law is 30 years. §§ 775.-082(3)(b); 777.04(4)(a); 794.011(2), Fla.Stat. The court therefore erred in sentencing Cumbie to 20 years incarceration followed by 12 years probation as the total sentence exceeds the 30 years that can be legally imposed.
We find no merit to the remaining issues. The conviction is affirmed but the sentence is reversed and this case is remanded for resentencing.
REVERSED AND REMANDED.
WENTWORTH and WIGGINTON, JJ., concur.
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Cumbie v. State, 597 So. 2d 946 (Fla. 1st DCA 1992)…PER CURIAM. This is the third time that this criminal case has been before us for review. In Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989), we affirmed appellant’s conviction of attempted capital sexual battery, but vacated the sentence and remanded for resentencing. In Cumbie v. State, 562 So. 2d 845 (Fla. 1st DCA 1990), we affirmed the departure sentence imposed o…
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Cumbie v. State, 562 So. 2d 845 (Fla. 1st DCA 1990)…PER CURIAM. Cumbie has appealed from a guidelines departure sentence for attempted capital sexual battery, imposed following this court’s reversal and remand for re-sentencing in Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989). We affirm on both issues raised herein, but as we did in Wilson v. State, 548 So. 2d 874 (Fla. 1st DCA 1989), review pending Case No. 74,872, certify the following question as one of great public importance: Whether abuse of a…
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Cumbie v. Singletary, 991 F.2d 715 (11th Cir. 1993)…-examination. The jury convicted Cumbie of the lesser included offense of attempted capital sexual battery. On direct appeal, the Florida First District Court of Appeal affirmed Cumbie’s conviction but remanded for resentencing. Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989). The court discussed only the merits of the sentencing issue and stated, “We find no merit to the remaining issues.” Id. The court did not specifically address or mention Cumbie’s claim on appeal that the procedure by which Ca…1 / 3