statutory maximum is fundamental error (Florida) · Go Syfert
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statutory maximum is fundamental error in Florida

5 Florida opinions name it 1 courts 1991–2000 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Rainey v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See id. at 901 ; Nelson v. State, 719 So.2d 1230 (Fla. 1st DCA 1998); see also Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999).

11
Stanford v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See id. at 901 ; Nelson v. State, 719 So.2d 1230 (Fla. 1st DCA 1998); see also Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999).

11
Hyden v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Hyden v. State, 715 So.2d 960 , 963 n.1, 23 Fla. L.

11
Middleton v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998See Sanders v. State, 698 So.2d 377 (Fla. 1st DCA 1997); cf. Middleton v. State, 689 So.2d 304, 305 (Fla. 1st DCA 1997) (refusing to allow direct appeal of habitual offender sentence for possession of cocaine, which section 775.084(1)(a)3. excludes from habitual offender sentencing, where sentence was result of negotiated plea and not illegal, i.e., it did not exceed statutory maximum).

11
Sanders v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998See Sanders v. State, 698 So.2d 377 (Fla. 1st DCA 1997); cf. Middleton v. State, 689 So.2d 304, 305 (Fla. 1st DCA 1997) (refusing to allow direct appeal of habitual offender sentence for possession of cocaine, which section 775.084(1)(a)3. excludes from habitual offender sentencing, where sentence was result of negotiated plea and not illegal, i.e., it did not exceed statutory maximum).

11
Gonzalez v. Stategreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991Gonzalez v. State, 392 So.2d 334, 336 (Fla. 3d DCA 1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Nelson v. State green
fladistctapp · 1998
1 sentence

2000See id. at 901 ; Nelson v. State, 719 So.2d 1230 (Fla. 1st DCA 1998); see also Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999).

12000–2000
Stephens v. State green
fladistctapp · 1993
1 sentence

1999Id.

11999–1999

Statutes the citing opinions construe

FL § 775.082 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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