Forshee v. State, 88-01914
| Decision Date | 17 May 1991 |
| Docket Number | No. 88-01914,88-01914 |
| Citation | 579 So.2d 388 |
| Parties | Eric FORSHEE, Appellant, v. STATE of Florida, Appellee. 579 So.2d 388, 16 Fla. L. Week. D1340 |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
The appellant, Eric Forshee, challenges the judgment and sentence imposed upon him after he pled guilty to attempted capital sexual battery. We reverse and remand.
The appellant was charged with capital sexual battery. The state, as a result of plea negotiations, agreed to accept a guilty plea to the lesser included offense of attempted capital sexual battery if the appellant was sentenced to fourteen years imprisonment followed by twenty years probation. The trial court accepted the plea and entered a judgment and sentence in accordance with the terms and conditions of the plea. This timely appeal followed.
We agree with the appellant's contention that the trial court imposed an illegal sentence. The appellant pled guilty to attempted capital sexual battery, a first degree felony. See Secs. 794.011(2), 777.04(4)(a), Fla.Stat. (1987). Section 775.082(3)(b), Florida Statutes (1987), provides that the maximum punishment for a first degree felony is thirty years in prison. In this case, the appellant was sentenced to fourteen years in prison followed by twenty years of probation. Although a split sentence of state prison and probation is permissible, the total sanction cannot exceed the maximum term provided by statute. Saint v. State, 562 So.2d 866 (Fla. 3d DCA 1990). Further, because the sentence is illegal it must be reversed despite the appellant's failure to object, Watson v. State, 426 So.2d 1300 (Fla. 2d DCA 1983), and the sentence having been imposed as a result of plea negotiations. Griner v. State, 524 So.2d 487 (Fla. 2d DCA 1988).
If the trial court had imposed this sentence after a trial, or if the appellant had pled guilty without his sentence being part of the plea negotiations, we would reverse and remand for the imposition of a legal sentence. In this case, however, the state agreed to allow the appellant to plead to a lesser included offense provided the court imposed the sentence agreed to by the parties. The appellant and the court agreed to this sentence, which all parties mistakenly believed was legal. The state's negotiation was clearly based upon the premise that the appellant would receive the fourteen years in prison followed by the twenty years probation. Just as a defendant is not bound by a misconceived bargain, the state likewise is not bound to accept a sentence it did not bargain for. To allow...
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...Bell v. State, 795 So.2d 1140, 1141 (Fla. 1st DCA 2001); Rainey v. State, 741 So.2d 1207, 1208 (Fla. 1st DCA 1999); Forshee v. State, 579 So.2d 388, 389 (Fla. 2d DCA 1991); Jolly v. State, 392 So.2d 54, 56 (Fla. 5th DCA III. The motion also alleges that defense counsel affirmatively misadvi......
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Gibson v. State, 2D99-4692.
...the judgment to stand and simply seeking resentencing. See Morales v. State, 712 So.2d 474, 475 (Fla. 2d DCA 1998); Forshee v. State, 579 So.2d 388, 389 (Fla. 2d DCA 1991). We reject Mr. Gibson's argument that the trial court cannot sentence him as a prison releasee reoffender for attempted......
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McNeal v. State, 5D03-3101.
...not bound by a misconceived bargain, the state likewise is not bound to accept a sentence it did not bargain for." Forshee v. State, 579 So.2d 388, 389 (Fla. 2d DCA 1991). We, therefore, affirm the trial court's order denying Mr. McNeal's rule 3.850 motion, except with respect to his claim ......
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Howe v. State, 90-03067
...Thus Howe's forty-two-year split sentence is illegal. Howe did not waive this error by failing to object below. See Forshee v. State, 579 So.2d 388 (Fla. 2d DCA 1991). Reversed and remanded for the trial court to impose a sentence which does not exceed the limits set forth in section 775.08......