Florida District Courts of Appeal, 2005

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided May 19, 2005 · Browning, Nortwick, Wolf
902 So. 2d 270; 2005 Fla. App. LEXIS 7425; 2005 WL 1172016 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

Clarence Williams appeals his habitual offender sentence for battery on a detainee, a third degree felony. See § 784.082(3), Fla. Stat. (2002); § 775.084(4)(a)3, Fla. Stat. (2002). Williams was sentenced to seven years in prison followed by five years of probation, which, as the state correctly concedes, exceeds the ten-year statutory maximum sentence for a third degree felony under the habitual offender statute. See Rodriguez v. State, 766 So.2d 1147 (Fla. 3d DCA 2000); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992). Accordingly, Williams’ illegal sentence is reversed and the cause is remanded for resentencing. Williams need not be present for the re-sentencing.

REVERSED and REMANDED.

WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.

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