Ruffin v. State

District Court of Appeal of Florida

Ruffin v. State

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

District Court of Appeal of Florida·Decided October 29, 1999·No. No. 98-4816·Published

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.

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

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.

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

Pincite

745 So. 2d 415 (Ruffin v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related