Legal Opinion

Mattear v. State

District Court of Appeal of Florida

Decided November 21, 2012No. 4D11-4854Published

1Per curiam

The defendant appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He is correct that because his offenses were committed prior to January 1, 1994, he could not be sentenced beyond the statutory maximum regardless of the range on his guidelines scoresheet. Mays v. State, 717 So.2d 515 (Fla.1998); Buford v. State, 870 So.2d 128 (Fla. 2d DCA 2003). As the state acknowledges, the sentencing law in effect at the time of the crimes controls. See Lamore v. State, 86 So.3d 546 (Fla. 2d DCA 2012).

Accordingly, the circuit court’s order is reversed and this case is remanded for…

2Cases cited3 opinions

  1. Mays v. StateSupreme Court of Florida · 1998
  2. Lamore v. StateDistrict Court of Appeal of Florida · 2012
  3. Buford v. StateDistrict Court of Appeal of Florida · 2003

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