Stuart v. State
Stuart v. State
Opinion of the Court
In July 1998 Mr. Stuart appealed to this court sentences in two cases. They were Circuit Court Case No. 97-17927: twenty years’ incarceration followed by fifteen years’ probation for robbery
The State has candidly conceded the illegality of the two sentences Mr. Stuart received. Therefore, in accordance with the supreme court’s opinions in Leonard and Maddox, and the mandate in Stuart, we reverse the two sentences Mr. Stuart complains of and remand the cases to the trial court for imposition of sentences within the statutory máximums.
Reversed and remanded for resentenc-ing.
. He was adjudicated guilty of violating section 812.135, Florida Statutes (1997), a first degree felony for which thirty years is the maximum allowable penalty. See § 775.082(3)(b).
. These two counts were violations of section 782.071, Florida Statutes (1997), each a third degree felony for which five years is the maximum allowable penalty. See § 775.082(3)(d).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.