Rogers v. State
Rogers v. State
Opinion of the Court
The state charged appellant with attempted sexual battery by a person eighteen years of age or older upon a child eleven years of age or younger. Pursuant to a plea bargain, he pled guilty to the offense of lewd assault upon a child under the age of fourteen years. The conditions of the bargain were that he would be considered for treatment as a mentally disordered sex offender but, in any event, would receive a prison sentence of no longer than ten years. Subsequently, the court ordered appellant treated as a mentally disordered sex offender and, upon the completion of the treatment, sentenced him to nine years in prison, retaining jurisdiction over the first one third of the sentence.
Despite the fact that appellant’s sentence was within the terms of the plea bargain, he contends that the court erroneously adjudicated him guilty of attempted sexual battery, the maximum penalty for which was thirty years, rather than lewd assault, the maximum penalty for which was fifteen years. He argues that the court may have imposed a higher sentence under the misapprehension that he had committed a first degree felony rather than a second degree felony.
We also vacate the court’s reservation of jurisdiction over the first one third of the sentence because appellant committed the offense prior to June 19, 1978, the effective date of section 947.16(3) Florida Statutes (Supp. 1978). Rodriguez v. State, 380 So.2d 1123 (Fla.2d DCA 1980).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.