Mattear v. State

District Court of Appeal of Florida

Mattear v. State

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

District Court of Appeal of Florida·Decided November 21, 2012·No. No. 4D11-4854·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

100 So. 3d 1272 (Mattear v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related