green
Positive treatment
11.5 score
Top citers, strongest first. 4 distinct citers.
discussed
Cited as authority (rule)
RENALDO CHAMPAGNE v. STATE OF FLORIDA
P. 3.992(a) ("The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S., unless the [LPS], exceeds the statutory maximum."); Walsh v. State, 198 So. 3d 783, 785, 788 (Fla. 2d DCA 2016) ("In case 2D14-4735, the trial court sentenced Mr. Walsh to the [LPS] of 18.5 years for count one, 15 years consecutive for count two, 11The remaining convictions at sentencing were subject to habitual felony offender (HFO) enhancement, Busbee, 187 So. 3d at 1269-71, and therefore not subject to the CPC, § 775.084(4)(h); see Collins, 985 So. …
cited
Cited as authority (rule)
Leroy Spatcher v. State of Florida
See Thomas v. State, 204 So.3d 549 , 550 n.1 (Fla. 1st DCA 2016); Busbee v. State, 187 So.3d 1266, 1269 (Fla. 1st DCA 2016).
discussed
Cited as authority (rule)
Watts v. State
While it is true that appellate counsel’s failure to preserve a meritorious sentencing issue via the timely filing of a rule 3.800(b)(2) motion may provide a basis for relief via a petition alleging ineffective assistance of appellate counsel, see, e.g., Busbee v. State, 187 So.3d 1266, 1271 (Fla. 1st DCA 2016), the State is correct that preservation of the sentencing issue would likely not have changed the result for Watts because Williams had not yet been decided and the law was otherwise settled in this district.
discussed
Cited "see, e.g."
Edward Abruscato v. State of Florida
See Butler v. State, 838 So. 2d 554, 556 (Fla. 2003) (“[W]hen section 921.024(2) [Fla. Stat.] applies so that the statutory maximum as provided in section 775.082[] is exceeded by the lowest permissible sentence under the code, the lowest permissible sentence under the code becomes the maximum sentence which the trial judge can impose.”); see also Busbee v. State, 187 So. 3d 1266, 1268-69 (Fla. 1st DCA 2016) (concluding lowest permissible sentence under code scoresheet would be appropriate rather than statutory maximum for two crimes committed).
Juan Italo BRANDTI, Petitioner,
v.
STATE of Florida, Respondent
v.
STATE of Florida, Respondent
5D16-866.
District Court of Appeal of Florida, Fifth District.
Apr 1, 2016.
Robért Wesley, Public Defender,' and Darlene J. Rollins, Assistant Public Defender, Orlando, for Petitioner.., No appearance for Respondent.
Lawson, Orfinger, Evander.
Published
The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the January 25, 2016, judgment and sentence in Case No. 15-CF-003561-A-OS, in the Circuit Court in and for Osceola County, Florida. See Fla. R. App. P. 9.14Í(c)(6)(D).
PETITION GRANTED.