Ash v. State

SHARP, Judge.

Ash appeals from his sentences imposed for theft of a truck1 and burglary.2 The State concedes that both of these crimes are third degree felonies3 for which the statutory maximum sentence is five years *554each, respectively.4 The trial court sentenced Ash to two concurrent 10 year prison terms. Based on the scoresheet at sentencing (190 points), Ash’s presumptive sentence under the guidelines was 12 to 17 years. We quash the sentences and remand for resentencing.

Florida Rule of Criminal Procedure 3.701 d.10. provides that' if the recommended guidelines sentence exceeds the…