Wiskusky v. State

District Court of Appeal of Florida

Wiskusky v. State

707 So. 2d 1187, 1998 Fla. App. LEXIS 2958, 1998 WL 135230

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 1998

DocketNo. 97-00102

StatusPublished

Cited by2 cases

This text of 707 So. 2d 1187 (Wiskusky 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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Wiskusky v. State, 707 So. 2d 1187, 1998 Fla. App. LEXIS 2958, 1998 WL 135230 (Fla. Ct. App. 1998).

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Opinion

QUINCE, Judge.

Edward Wiskusky challenges the sentences imposed for two counts of attempted capital sexual battery. He claims the sentences are illegal because they exceed the statutory maximum for first-degree felonies. We agree and treat this appeal as a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800.

Wiskusky entered no contest pleas to two counts of attempted capital sexual battery, which are first-degree felonies. See § 777.04, Fla. Stat. (1989). He was sentenced to thirty years’ imprisonment to be followed by fifteen years’ probation on each count, with the sentences to run concurrently. Wiskusky’s cumulative sentence on each count is forty-five years, which clearly exceeds the thirty-year statutory maximum for first-degree felonies. See Jones v. State, 664 So.2d 1116 (Fla. 4th DCA 1995).

Accordingly, we reverse Wiskusky’s sentence and remand for resentencing to a term which does not exceed the maximum statutory penalty for these offenses.

FRANK, A.C.J., and FULMER, J., concur.

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QUINCE, Judge.

Edward Wiskusky challenges the sentences imposed for two counts of attempted capital sexual battery. He claims the sentences are illegal because they exceed the statutory maximum for first-degree felonies. We agree and treat this appeal as a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800.

Wiskusky entered no contest pleas to two counts of attempted capital sexual battery, which are first-degree felonies. See § 777.04, Fla. Stat. (1989). He was sentenced to thirty years’ imprisonment to be followed by fifteen years’ probation on each count, with the sentences to run concurrently. Wiskusky’s cumulative sentence on each count is forty-five years, which clearly exceeds the thirty-year statutory maximum for first-degree felonies. See Jones v. State, 664 So.2d 1116 (Fla. 4th DCA 1995).

Accordingly, we reverse Wiskusky’s sentence and remand for resentencing to a term which does not exceed the maximum statutory penalty for these offenses.

FRANK, A.C.J., and FULMER, J., concur.

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707 So. 2d 1187, 1998 Fla. App. LEXIS 2958, 1998 WL 135230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiskusky-v-state-fladistctapp-1998.

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