Daniels v. State, 838 So. 2d 617 (Fla. 1st DCA 2003). · Go Syfert
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Daniels v. State, 838 So. 2d 617 (Fla. 1st DCA 2003). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Sasser v. State (fladistctapp, 2003-11-17)
Top citers, strongest first. 2 distinct citers.
cited Cited as authority (rule) Sasser v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
See Butler v. State, 838 So.2d 554, 555-56 (Fla. 2003); Daniels v. State, 838 So.2d 617, 618 (Fla. 1st DCA 2003); §§ 921.002(g), 921.0024(2), Fla. Stat. (2002).
cited Cited "see, e.g." Zeman v. State
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence low
See § 921.0024(2), Fla. Stat. (2005) (authorizing the trial court to sentence to the lowest permissible sentence); see also Daniels v. State, 838 So.2d 617 (Fla. 1st DCA 2003).
Craig B. DANIELS
v.
STATE of Florida
No. 1D02-2678.
District Court of Appeal of Florida, First District.
Feb 21, 2003.
838 So. 2d 617
An appeal from the Circuit Court for Walton County, Lewis R. Lindsey, Judge., Appellant, pro se., Charlie Crist, Attorney General, James W. Rogers, Senior Assistant Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
Barfield, Browning, Lewis.
Cited by 2 opinions  |  Published
PER CURIAM.

The appellant challenges the trial court’s order summarily denying his rule 3.800(a) motion, in which he alleges that his sentence is illegal because it exceeds the statutory maximum for a third-degree felony. Because the appellant’s sentence exceeds both the statutory maximum and the lowest permissible sentence under the Criminal Punishment Code, we reverse.

The appellant was convicted of aggravated assault with a firearm and sentenced to eighty-four months’ imprisonment. Aggravated assault with a firearm is a third-degree felony punishable by up to sixty months’ imprisonment. The appellant’s lowest permissible prison sentence on the Criminal Punishment Code scoresheet was 82.3 months, so section 921.0024(2), Florida Statutes (1999), authorized the trial court to impose a sentence in excess of the statutory maximum for a third-degree felony. See Butler v. State, 838 So. 2d 554 (Fla. 2003). However, section 921.0024(2) only authorizes the trial court to sentence the appellant to the lowest permissible sentence provided by the Criminal Punishment Code. Thus, the appellant should have received a sentence of 82.3 months, not eighty-four months. See Watkins v. State, 787 So.2d 141, 142 (Fla. 2d DCA 2001).

We, therefore, reverse the trial court’s order summarily denying the appellant’s motion to correct illegal sentence and remand for the trial court to resentence the appellant to the lowest permissible sentence pursuant to the Criminal Punishment Code.

REVERSED and REMANDED.

BARFIELD, BROWNING and LEWIS, JJ., CONCUR.