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676 So. 2d 1063

Myers v. State

District Court of Appeal of Florida · decided 1996-07-17

Cited by 2 later decisions — most recently November 2005

2 state decisions

Key passage — most relied on by later courts

“A sentence of incarceration and probation cannot exceed the maximum period of incarceration provided by law.”

quoted by 1 later decision, including Cillo v. State

Relies on Howe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-17

View the full empirical analysis of this case →

BLUE, Judge.

¶1Charles A. Myers challenges his convictions and sentences. We affirm the convictions and the restitution order without discussion. However, we reverse Myers’ sentences and remand for resentencing.

¶2Myers correctly argues that the sentences for two of his four convictions exceed the statutory maximum. For the offenses of attempted second-degree murder with a firearm and aggravated battery with a firearm, both first-degree felonies, Myers was sentenced to twenty years in prison followed by twenty years of probation. A sentence of incarceration and probation cannot exceed the maximum period of incarceration provided by law. Howe v. State, 596 So.2d 1227 (Fla. 2d DCA 1992). The maximum period of imprisonment allowed for a first-degree felony is thirty years. § 775.082(3)(b), Fla. Stat. (1991).

¶3Additionally, Myers’ primary offense, a first-degree felony, was improperly scored on *1064the sentencing guidelines seoresheet as a life felony. A correct scoring would place Myers in a lower guidelines cell than the one under which he was sentenced.

¶4Accordingly, we reverse Myers’ sentences and remand for resentencing with a correct seoresheet.

RYDER, A.C.J., and LAZZARA, J., concur.
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