Dean v. State
Dean v. State
Opinion of the Court
Willie A. Dean (Dean), in this direct appeal, argues that his seventeen-year sentence for a second-degree felony is illegal. We agree and remand for resentencing.
Dean was originally sentenced to prison for nine years, followed by two years of probation, for sexual battery. After violating his probation, he was subsequently sentenced to seventeen years in prison. Dean made no objection at sentencing, and no objection by posttrial motion, despite that his sentencing occurred after the effective date of amendments found in section 924.051, Florida Statutes (Supplement 1996)
We accordingly affirm Dean’s adjudication of violation of probation, vacate his sentence, remand for sentencing within the statutory maximum, and deny the State’s motion to dismiss alleging our lack of jurisdiction. Stone v. State, 688 So.2d 1006 (Fla. 1st DCA 1997).
. Dean was sentenced on September 24, 1996.
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