Darling v. State, 886 So. 2d 417 (Fla. 1st DCA 2004). · Go Syfert
Search
Darling v. State, 886 So. 2d 417 (Fla. 1st DCA 2004). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Obie Dewayne Holliman v. State of Florida (fladistctapp, 2014-12-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Obie Dewayne Holliman v. State of Florida
Fla. Dist. Ct. App. · 2014 · confidence medium
See Larson v. State, 572 So.2d 1368 (Fla.1991) (“[A] defendant cannot by agreement confer on a judge authority to exceed the penalties established by law”); Darling v. State, 886 So.2d 417, 418 (Fla. 1st DCA 2004) (reversing a sentence that exceeded the statutory maximum even though the defendant had agreed to the sentence).
discussed Cited as authority (rule) Costin v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Darling v. State, 886 So.2d 417, 418 (Fla. 1st DCA 2004) (reversing a sentence that exceeded the statutory maximum even though the defendant had agreed to the sentence); Bruno v. State, 837 So.2d 521, 523 (Fla. 1st DCA 2003) (reversing where the defendant’s sentence included a type of penalty not authorized by law); Williams v. State, 500 So.2d 501, 503 (Fla.1986) (stating the general proposition) (receded from on other grounds in Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988)).
cited Cited as authority (rule) Philius v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
Darling v. State, 886 So.2d 417, 418 (Fla. 1st DCA 2004).
discussed Cited "see" Carson v. State (2×)
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See generally Darling v. State, 886 So.2d 417, 418 (Fla. 1st DCA 2004) (holding that a defendant cannot plead to an illegal sentence); Bruno v. State, 837 So.2d 521, 523 (Fla. 1st DCA 2003) (same); Wright v. State, 743 So.2d 103, 103 (Fla. 1st DCA 1999) (same); Taylor v. State, 899 So.2d 1191, 1192 (Fla. 1st DCA 2005) (same); Leavitt v. State, 810 So.2d 1032, 1033 (Fla. 1st DCA 2002) (same); Kinney v. State, 808 So.2d 1285, 1285 (Fla. 1st DCA 2002) (same); Debord v. State, 802 So.2d 528 (Fla. 1st DCA 2001) (same); Blanchette v. State, 620 So.2d 258 (Fla. 1st DCA 1993) (same); Hebert v. State, …
Retrieving the full opinion text from the archive…
Evans DARLING, Appellant,
v.
STATE of Florida, Appellee.
1D04-2001.
District Court of Appeal of Florida, First District.
Nov 15, 2004.
886 So. 2d 417
Per Curiam.
Cited by 5 opinions  |  Published

Appellant, pro se.

Charlie Crist, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant challenges the trial court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he alleges that he was sentenced under the wrong statute and that his sentence is illegal because it exceeds the statutory maximum. We affirm the summary denial of Appellant's first claim without comment. Because Appellant's second claim has merit, we reverse and remand for further proceedings.

On March 3, 1997, pursuant to a plea agreement, Appellant was sentenced to a guidelines sentence of 10.5 years in prison[*418] followed by 20 years of probation for attempted first degree murder pursuant to section 782.04, Florida Statutes (1995). Appellant alleges that the combination of his incarcerative and supervisory portions of his sentence exceed the 30-year statutory maximum for attempted first degree murder, therefore, his sentence is illegal.

Attempted first degree murder may be punished by a term of imprisonment not to exceed 30 years. §§ 775.082(3)(a)(3)(b), 777.04(4)(b), 782.04(1)(a)(3), Fla. Stat. (1995). The combined periods of incarceration and probation of a probationary split sentence cannot, at the time of the original sentence, exceed the maximum period of incarceration provided by statute for the offense charged. See State v. Holmes, 360 So.2d 380, 383 (Fla.1978); Ward v. State, 558 So.2d 166 (Fla. 1st DCA 1990).

Here, when adding the 10.5 years of incarceration to the 20 years of probation, the 30.5-year sentence exceeds the 30-year statutory maximum for attempted first degree murder. Furthermore, Appellant cannot assent to an illegal sentence by entering into a negotiated plea agreement with the State. Taylor v. State, 778 So.2d 464, 465 (Fla. 1st DCA 2001). Because Appellant's sentence fails to comport with statutory limitations and the illegality is revealed by the record without any need for an evidentiary determination, State v. Mancino, 714 So.2d 429 (Fla.1998), Appellant's claim of an illegal sentence was improperly denied.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BOOTH, VAN NORTWICK and PADOVANO, JJ., CONCUR.