Ruffin v. State

District Court of Appeal of Florida

Ruffin v. State

745 So. 2d 415, 1999 Fla. App. LEXIS 14330, 1999 WL 979464

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1999

DocketNo. 98-4816

StatusPublished

This text of 745 So. 2d 415 (Ruffin 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.

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Ruffin v. State, 745 So. 2d 415, 1999 Fla. App. LEXIS 14330, 1999 WL 979464 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

In this direct criminal appeal following revocation of his community control, the appellant argues for the first time that his sentence is illegal because it exceeds the statutory maximum for his offense. Although the sentence might be excessive under decisions such as State v. Summers, 642 So.2d 742 (Fla.1994), the record before us is not sufficiently developed to conclusively demonstrate that the sentence violates Summers. Accordingly, we affirm without prejudice to the appellant’s right to challenge his sentence pursuant to Florida Rule of Criminal Procedure 3.850.

ALLEN, BENTON and BROWNING, JJ., CONCUR.

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PER CURIAM.

In this direct criminal appeal following revocation of his community control, the appellant argues for the first time that his sentence is illegal because it exceeds the statutory maximum for his offense. Although the sentence might be excessive under decisions such as State v. Summers, 642 So.2d 742 (Fla.1994), the record before us is not sufficiently developed to conclusively demonstrate that the sentence violates Summers. Accordingly, we affirm without prejudice to the appellant’s right to challenge his sentence pursuant to Florida Rule of Criminal Procedure 3.850.

ALLEN, BENTON and BROWNING, JJ., CONCUR.

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745 So. 2d 415, 1999 Fla. App. LEXIS 14330, 1999 WL 979464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruffin-v-state-fladistctapp-1999.

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