537 SO2D 682 - Ruiz v. State

How this case has been cited

Cited by 12 later decisions — most recently June 2017

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

¶2 *683 Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, BASKIN and JORGENSON, JJ.

¶4

CONFESSION OF ERROR

¶5PER CURIAM.

¶6The state concedes that the trial court erred in sentencing defendant Ruiz in accordance with a negotiated plea to reduced charges. The trial court's sentence, in excess of the statutory maximum, is illegal. See Frison v. State,533 So.2d 954 (Fla. 5th DCA 1988); Cleveland v. State,394 So.2d 230 (Fla. 5th DCA 1981). We therefore vacate the sentence and remand for further proceedings. On remand, the state may agree to reduction of the sentence to a legal term, see §§ 794.011(2); 777.04(4)(a); 775.082(3)(b), Fla. Stat. (1981); if the state does not elect that option, the trial court should permit Ruiz to withdraw his plea and proceed to trial on the original charges. See Forbert v. State,437 So.2d 1079 (Fla. 1983); Cleveland; see also Jolly v. State,392 So.2d 54 (Fla. 5th DCA 1981).

¶7SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.