Opinion
No. BF-199.
November 27, 1985.
Appeal from the Circuit Court for Wakulla County; George L. Harper, Judge.
Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.
The trial court imposed concurrent six year sentences for third degree felonies. These sentences exceed the statutory limits and are illegal. Florida Statutes 775.082(3)(d). We note that the lower court scored a conviction from a foreign jurisdiction as a second degree felony when the foreign statute did not track the Florida statute. Fla.R.Crim.P. 3.701(d)(5)a.3. requires that an offense be scored as a third degree felony when the degree of the felony is ambiguous or impossible to determine. We further note that although the plea agreement called for a cap of six years, it did not require the sentences imposed for the separate crimes to be concurrent.
REVERSED and REMANDED for resentencing.
WIGGINTON, J., and WILLIS, BEN C. (Ret.), Associate Judge, concur.