Florida District Courts of Appeal, 1996

Myers v. State

Florida District Courts of Appeal · Decided July 17, 1996 · Blue, Lazzara, Ryder

676 So. 2d 1063; 1996 Fla. App. LEXIS 7610; 1996 WL 397281 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Cillo v. State (Fla. Dist. Ct. App. 2005)
Paredes v. State (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BLUE, Judge.

Charles A. Myers challenges his convictions and sentences. We affirm the convictions and the restitution order without discussion. However, we reverse Myers’ sentences and remand for resentencing.

Myers correctly argues that the sentences for two of his four convictions exceed the statutory maximum. For the offenses of attempted second-degree murder with a firearm and aggravated battery with a firearm, both first-degree felonies, Myers was sentenced to twenty years in prison followed by twenty years of probation. A sentence of incarceration and probation cannot exceed the maximum period of incarceration provided by law. Howe v. State, 596 So.2d 1227 (Fla. 2d DCA 1992). The maximum period of imprisonment allowed for a first-degree felony is thirty years. § 775.082(3)(b), Fla. Stat. (1991).

Additionally, Myers’ primary offense, a first-degree felony, was improperly scored on *1064the sentencing guidelines seoresheet as a life felony. A correct scoring would place Myers in a lower guidelines cell than the one under which he was sentenced.

Accordingly, we reverse Myers’ sentences and remand for resentencing with a correct seoresheet.

RYDER, A.C.J., and LAZZARA, J., concur.

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