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Leonard v. State

District Court of Appeal of Florida, Second District
Jul 14, 2000
779 So. 2d 392 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D96-4245

Opinion filed July 14, 2000.

Appeal from the Circuit Court for Hillsborough County; Cynthia Holloway, Judge.

Accordingly, we reverse and remand for resentencing.

James Marion Moorman, Public Defender, Bartow, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Helene S. Parnes and James W. Rogers, Assistant Attorneys General, Tampa, for Appellee.


David Leonard challenges, as illegal, the thirty-year sentence he received when the trial court revoked the probation he was serving on a second-degree felony. Initially, this court determined that it was without jurisdiction to entertain this issue on direct appeal and dismissed the appeal without prejudice to Leonard to file a motion pursuant to Florida Rule of Criminal Procedure 3.800(a). See Leonard v. State, 731 So.2d 2 (Fla. 2d DCA 1998). Our opinion dismissing the appeal was quashed by the Florida Supreme Court and the appeal was reinstated and remanded for consideration on the merits. See Leonard v. State, 25 Fla. L. Weekly S377 (Fla. May 11, 2000).

Leonard's claim has merit and, therefore, we reverse. In circuit court case number 89-7782, Leonard was sentenced to fifteen years of probation for the offense of performing a lewd and lascivious act on a child, a second-degree felony pursuant to section 800.04(1), Florida Statutes (1987). When his probation was revoked, the trial court sentenced him to thirty years in prison, which exceeded the statutory maximum of fifteen years for the second-degree felony. See § 775.082(3)(c), Fla. Stat. (1987).

ALTENBERND, A.C.J., FULMER and CASANUEVA, JJ., Concur.


Summaries of

Leonard v. State

District Court of Appeal of Florida, Second District
Jul 14, 2000
779 So. 2d 392 (Fla. Dist. Ct. App. 2000)
Case details for

Leonard v. State

Case Details

Full title:DAVID LEONARD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 14, 2000

Citations

779 So. 2d 392 (Fla. Dist. Ct. App. 2000)