Crosier v. State

Russell Crosier appeals his sentence of twelve years for attempted sexual battery, a third degree felony punishable by a maximum of five years. See §§ 775.082(3)(d), 777.04(4)(c), Fla. Stat. (1991). Although section 921.001, Florida Statutes (1995), permits the imposition of a sentence above the statutory maximum, the statute does not apply to offenses committed before 1994. See Mays v. State, 717 So.2d 515, 516 (Fla.1998); Stewart v. State, 755 So.2d 736 (Fla. 4th DCA 2000). Crosier committed his offense prior to 1994.

Originally sentenced to thirteen years in prison, Crosier moved to correct…