DARRYLE MATTEAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARRYLE MATTEAR, APPELLANT,
STATE OF FLORIDA, APPELLEE
100 So. 3d 1272
Florida District Court of Appeal, Fourth District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
The defendant appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He is correct that because his offenses were committed prior to January 1, 1994, he could not be sentenced beyond the statutory maximum regardless of the range on his guidelines scoresheet. Mays v. State, 717 So.2d 515 (Fla.1998); Buford v. State, 870 So.2d 128 (Fla. 2d DCA 2003). As the state acknowledges, the sentencing law in effect at the time of the crimes controls. See Lamore v. State, 86 So.3d 546 (Fla. 2d DCA 2012).
Accordingly, the circuit court’s order is reversed and this case is remanded for resentencing.
Reversed and Remanded.
MAY, C.J., GROSS and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Theiss v. State, 152 So. 3d 1291 (Fla. 4th DCA 2015)…sufficient under Suffield v. State, 132 So. 3d 333 (Fla. 4th DCA 2014), and the case law cited therein. The trial court improperly denied the legally sufficient motion with no explanation and without ordering a state response. See Charles v. State, 100 So. 3d 1272 (Fla. 4th DCA 2012); Shea v. State, 97 So. 3d 861 (Fla. 4th DCA 2012). Theiss satisfied his burden of showing that the face of the record (i.e., the judgment and sentence) would demonstrate the alleged illegality in the sentence. Cf. Johnson v. Stat…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Lamore v. State, 86 So. 3d 546 (Fla. 2d DCA 2012)
- Buford v. State, 870 So. 2d 128 (Fla. 2d DCA 2003)