Tambriz-Ramirez v. State
Tambriz-Ramirez v. State
Opinion of the Court
Diego Tambriz-Ramirez appeals his judgment and sentence for one count of burglary with a battery while masked, one count of aggravated assault while masked, and one count of attempted sexual battery with a deadly weapon. We affirm in part and reverse in part.
Mr. Tambriz-Ramirez raises the following arguments on appeal: (1) the trial court erred by failing to declare a testifying handwriting expert as an expert witness; (2) his life sentence for his burglary with battery is excessive; and (3) his 30-year sentence for attempted sexual battery is illegal. We conclude that the first two arguments have no merit and decline to comment further. We do, however, hold that Mr. Tambriz-Ramirez’s sentence for attempted sexual battery is illegal, and remand for resentencing.
Attempted sexual battery with a deadly weapon is a second degree felony. § 777.04(4)(c), Fla. Stat. (2010). The maximum penalty for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (2010). The trial court sentenced Mr. Tambriz-Ramirez to thirty years in prison. This was in excess of the amount allowed by statute and thus error.
The State concedes the trial court’s error, but urges us to direct the trial court to resentence Mr. Tambriz-Ramirez under the enhanced mandatory sentencing guidelines set forth in section 794.0115, Florida Statutes (2010), Florida’s Dangerous Sexu
Accordingly, we reverse and remand with directions to designate the offense a second degree felony and to impose a sentence of not more than fifteen years.
Affirmed, in part; Reversed in part and Remanded for resentencing.
Reference
- Full Case Name
- Diego TAMBRIZ-RAMIREZ v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published