JOHN DAVID CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the record does not conclusively refute the appellant’s claim that his sentences exceed the statutory maximum, we reverse. We affirm all other issues raised in the appellant’s motion without further discussion.
On October 23, 2002, the appellant was sentenced to concurrent terms of five years’ imprisonment followed by five years’ probation for false imprisonment and aggravated assault. Both false imprisonment and aggravated battery are third-degree felonies punishable by up to five years’ imprisonment. §§ 787.02; 784.02; 775.082(3)(d), Fla. Stat. (2001). Thus, the appellant’s sentences exceed the statutory maximum for a third-degree felony. See Butler v. State, 773 So. 2d 1171 (Fla. 2d DCA 2000).
We therefore reverse the trial court’s summary denial and remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or to grant the appellant’s requested relief.
AFFIRMED in part, REVERSED in part, and REMANDED.
ERVIN, BOOTH and KAHN, JJ., concur.
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McLendon v. State, 279 So. 3d 307 (Fla. 1st DCA 2019)…sue was overlooked, Petitioner was placed on probation for two years as sentenced, to expire November 1, 2018. He did not appeal or file a collateral motion to assert that the sentence was illegal for exceeding five years. See Campbell v. State, 854 So. 2d 257, 258 (Fla. 1st DCA 2003) (reversing for 4 further proceedings on appellant’s motion under Fla. R. Crim. P. 3.800(a) raising illegality of sentence over five years for a third- degree felony). Although these sentences were entered after a plea…
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Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005)…ng for a combined period of incarceration and probation in excess of the statutory maximum. See § 775.082(3)(d), Fla. Stat. (1997) (authorizing for “a felony of the third degree, ... a term of imprisonment not exceeding 5 years”); Campbell v. State, 854 So. 2d 257, 258 (Fla. 1st DCA 2003) (holding that incarceration and probation aggregating more than five years “exceed the statutory maximum for a third-degree felony”). When originally sentenced on March 5, 1999, Mr. Aponte received, as to each sentence, at…
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- Kit Butler v. State, 773 So. 2d 1171 (Fla. 2d DCA 2000)