Richard Warren Vanzile v. State of Florida

Appellant filed a rule 3.800(a) motion to withdraw his plea to a negotiated sentence of lifetime sexual offender probation after five years’ imprisonment, imposed following a conviction for attempted sexual battery on a victim less than 12 years of age, a first-degree felony. In that motion, Appellant correctly argues that the sentence exceeds the 30-year statutory maximum for a first-degree felony per sections 775.082 and 777.04(4)(b), Florida Statutes. The trial court denied the motion and Appellant filed this appeal.

In recognition of the State’s response to this Court’s Toler 1 order, we…