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645 So. 2d 188

Docket No. 94-2384.

Fance v. State

Ell FANCE, a/k/a Daddy-O, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 7, 1994.

District Court of Appeal of Florida · decided 1994-12-07

Cited by 5 later decisions — most recently March 2000

5 state decisions

Key passage — most relied on by later courts

“It is well settled that for offenses committed prior to January 1, 1994, as here, a sentence may not exceed the statutory maximum penalty for that offense, § 921.001(5), Fla. Stat. (1991) — although the rule has been changed for offenses, unlike this case, committed on or after January 1, 1994. § 921.0014(1), Fla. Stat. (1993) (A sentence within the sentencing guidelines may be imposed even if it exceeds the statutory maximum sentence provided for that offense).”

quoted by 1 later decision, including Burks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-07

View the full empirical analysis of this case →

¶1Ell Fance, a/k/a Daddy-O, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellee.

¶3Before HUBBART and JORGENSON and GERSTEN, JJ.

¶4PER CURIAM.

¶5This is an appeal by the defendant Ell Fance from a trial court order denying his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the state's confession of error which we think is well taken, we reverse the order appealed from and remand the cause to the trial court with directions to vacate the twelve-year sentence imposed upon the defendant for the third-degree felony of organized fraud [§ 817.034(4)(a)(3), Fla. Stat. (1991)] because the sentence exceeds the statutory maximum penalty of five years imprisonment for this offense. It is well settled that for offenses committed prior to January 1, 1994, as here, a sentence may not exceed the statutory maximum penalty for that offense, § 921.001(5), Fla. Stat. (1991) — although the rule has been changed for offenses, unlike this case, committed on or after January 1, 1994. § 921.0014(1), Fla. Stat. (1993) (A sentence within the sentencing guidelines may be imposed even if it exceeds the statutory *189 maximum sentence provided for that offense.).

¶6Upon vacation of the twelve-year sentence for organized fraud, the trial court is directed to resentence the defendant for this offense to a term of imprisonment not exceeding five years. In all other respects, however, we affirm the order under review.

¶7Affirmed in part; reversed in part and remanded.

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