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782 So. 2d 522

Draper v. State

District Court of Appeal of Florida · decided 2001-04-10

Cited by 1 later decisions — most recently May 2002

1 state decisions

Key passage — most relied on by later courts

“Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be within the 1994 guidelines unless there is a departure sentence with written findings. However, a person sentenced for a felony committed on or after July 1, 1997, who has at least one prior felony conviction and whose recommended sentence is any nonstate prison sanction may be sentenced to community control or a term of incarceration not to exceed 22 months. A person sentenced for a felony committed on or after July 1, 1997, who has at least one prior felony conviction and whose minimum recommended sentence is less than 22 months in state prison may be sentenced to a term of incarceration not to exceed 22 months, (emphasis added)”

quoted by 1 later decision, including Jackson v. State

Relies on 764 So. 2d 659 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-10

View the full empirical analysis of this case →

PER CURIAM.

¶1The appellant challenges an order of the trial court summarily denying his motion *523to correct illegal sentence under Rule 3.800(a). Because the face of the record establishes the appellant’s entitlement to relief, we reverse.

¶2The appellant alleges that his sentence of 26 months is illegal because it exceeds the statutory maximum of 22 months under section 921.001(5), Florida Statutes (1997). Section 921.001(5) provides in relevant part:

A person sentenced for a felony committed on or after July 1, 1997, who has at least one prior felony conviction and whose minimum recommended sentence is less than 22 months in state prison may be sentenced to a term of incarceration not to exceed 22 months.

¶3The record reveals that the appellant was sentenced for the felony of burglary committed on August 7, 1998, well after July 1, 1997, and that the appellant has a prior felony conviction. Further, the appellant’s current sentence of 26 months was given from a recommended range between 18.3 and 30.5 months. The minimum recommended sentence in that range is 18.3 months, which is less than 22 months. Therefore, under section 921.001(5), the appellant’s sentence is illegal because it exceeds the statutory maximum of 22 months. See Jones v. State, 764 So.2d 659, 660 (Fla. 1st DCA 2000).

¶4We accordingly reverse the trial court’s summary denial of the appellant’s motion to correct his illegal sentence and remand for resentencing.

WEBSTER, DAVIS and BENTON, JJ., concur.
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