Schreiner v. State
Schreiner v. State
Opinion of the Court
Appellant argues the trial court erred in sentencing him to a state prison sanction for the offense of driving while license permanently revoked without making written findings that a nonstate prison sanction could present a danger to the public, as required by section 775.082(10), Florida Statutes.
We note that it appears appellant has already served more than the maximum incarcerative sentence allowed by law. Thus, we direct the trial court to expeditiously hold the resentencing hearing. No motion for rehearing will be entertained by this court.
REVERSED and REMANDED for resentencing.
Appellant properly preserved this argument through a motion to correct a sentencing error under Florida Rule of Criminal Procedure 3.800(b)(1), under which a motion must be filed “[d]uring the time allowed for the filing of a notice of appeal of a sentence.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.