Kelly v. State

WHATLEY, Judge.

Christopher S. Kelly appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order because the sentences imposed exceed the statutory maximum.

Kelly pleaded no contest to two counts of burglary of an unoccupied structure and two counts of third-degree grand theft in exchange for concurrent sentences of three years’ imprisonment followed by three years’ probation for each count. Kelly’s burglary of a structure charges are each punishable by a term of imprisonment not exceeding…