Carter v. State
Carter v. State
Opinion of the Court
Ronald Carter appeals his sentences imposed upon revocation of community control in case numbers 92-17135 and 93-7566. We affirm his sentences in case number 92-17135.
In case number 93-7566, the state charged Mr. Carter with two counts of sexual battery on a child under the age of 12. Because Mr. Carter was 17 when he committed the offenses, these offenses are life felonies. § 794.011(2), Fla.Stat. (1991). Mr. Carter pleaded guilty to two counts of attempted sexual battery on a child under the age of 12, a second-degree felony. § 777.04(4)(b), Fla. Stat. (1991). Because the maximum penalty for a second-degree felony is 15 years’ imprisonment, § 775.082(3)(c), Fla.Stat. (1991), the trial court erred in sentencing him to two concurrent terms of 22 years’ imprisonment. Accordingly, we reverse Mr. Carter’s sentences in case number 93-7566 and remand for resentencing to no more than 15 years’ imprisonment, with credit for time served.
Affirmed in part, reversed in part, and remanded for resentencing with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.