Blowe v. State
Blowe v. State
Opinion of the Court
Alejandro Blowe appeals the denial of his rule 3.800 motion to correct an illegal sentence. We reverse.
Blowe pled guilty to the offense of attempted sexual battery.
It is well settled that a sentence is illegal where “it exceeds (prison time plus the term of probation) the fifteen-year statutory maximum for [the] crime.” Ferguson v. State, 594 So.2d 864, 865 (Fla. 5th DCA1992). The state, on appeal, has properly conceded error. Accordingly, we reverse the trial court’s order and remand for resentencing.
REVERSED and REMANDED for re-sentencing.
. §§ 777.04, 794.011(3), Fla.Stat. (1989).
. Because Blowe was not sentenced as an habitual offender, the mhximum 30-year sentence for a second-degree felony provided for in section 775.084(4)(a)(2), Florida Statutes (1989), is inapplicable.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.