Opinion
No. 1D18-4316
08-13-2019
Edward ABRUSCATO, Appellant, v. STATE of Florida, Appellee.
Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
ON MOTION FOR REHEARING OR FOR WRITTEN OPINION
Per Curiam.
We deny Appellant's motion for rehearing, grant his motion for written opinion, and substitute the following opinion for the original one.
AFFIRMED . See Butler v. State , 838 So. 2d 554, 556 (Fla. 2003) ("[W]hen section 921.024(2) [Fla. Stat.] applies so that the statutory maximum as provided in section 775.082[ ] is exceeded by the lowest permissible sentence under the code, the lowest permissible sentence under the code becomes the maximum sentence which the trial judge can impose."); see also Busbee v. State , 187 So. 3d 1266, 1268-69 (Fla. 1st DCA 2016) (concluding lowest permissible sentence under code scoresheet would be appropriate rather than statutory maximum for two crimes committed).
Wolf, Makar, and Kelsey, JJ., concur.