Summary
In Paul v. State, 195 So.3d 420, 421 (Fla. 4th DCA 2016), this court reversed, as the State conceded that his sentence on the second degree felonies did exceed the statutory maximum.
Summary of this case from Paul v. StateOpinion
No. 4D15–3953.
07-13-2016
Wesley PAUL, Appellant, v. STATE of Florida, Appellee.
Wesley Paul, Doral, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
Wesley Paul, Doral, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
We reverse the trial court's order denying appellant's rule 3.800(a) motion to correct illegal sentence. The State concedes that appellant's combined sentence of 11.67 years in prison followed by 10 years of probation is illegal as it exceeds the 15–year statutory maximum for the second degree felonies in lower tribunal case numbers 08–10007CF10B, 09–18113CF10A, 09–18114CF10A, and 10–20584CF10A. Resentencing is required as to these counts. Pursuant to Jordan v. State, 143 So.3d 335 (Fla.2014), appellant is entitled to be present at resentencing.
We do not disturb appellant's sentence for the first degree felony in case number 10–20584CF10A.
Reversed and remanded for resentencing.
WARNER, GROSS and FORST, JJ., concur.