Mattear v. State

District Court of Appeal of Florida

Mattear v. State

100 So. 3d 1272, 2012 Fla. App. LEXIS 20204, 2012 WL 5869985

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 2012

DocketNo. 4D11-4854

StatusPublished

This text of 100 So. 3d 1272 (Mattear v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mattear v. State, 100 So. 3d 1272, 2012 Fla. App. LEXIS 20204, 2012 WL 5869985 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

100 So. 3d 1272, 2012 Fla. App. LEXIS 20204, 2012 WL 5869985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattear-v-state-fladistctapp-2012.

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