Anderson v. State
Anderson v. State
Opinion of the Court
Shane Anderson appeals the sentence which was imposed by the trial court after he pled guilty to violating his probation. We vacate appellant’s sentence and remand this matter for further proceedings consistent with this opinion.
Appellant pled nolo contendere to the charge of aggravated assault.
We first hold that appellant’s sentence must be reversed because it is a departure from the sentencing guidelines for which the trial court failed to provide written reasons. Appellant was convicted of committing an aggravated assault in violation of section 784.021 of the Florida
We also hold that the sentence imposed by the trial court is illegal because it exceeds the statutory maximum sentence permitted for a conviction for aggravated assault, a felony of the third degree. Section 775.082(3)(d) of the Florida Statutes (1987) states that a person convicted of a felony of the third degree may be punished by a term of imprisonment not exceeding five years. Because appellant’s sentence of 5½ years imprisonment exceeds the statutory maximum, the sentence is illegal. See Cartwright v. State, 565 So.2d 784 (Fla. 5th DCA 1990).
Appellant’s sentence is vacated and this cause is remanded for resentencing within the guidelines and in accordance with the limitation set forth in Franklin v. State, 545 So.2d 851 (Fla. 1989).
Sentence VACATED; cause REMANDED.
. § 784.021, Fla.Stat. (1987).
. See Fla.R.Crim.P. 3.988(d).
. Because appellant committed this offense after July 1, 1988, sentencing within the permitted range is authorized. See Washington v. State, 564 So.2d 168, n. 1 (Fla. 5th DCA 1990).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.