Ricks v. State

The appellant has filed a rule 3.800(a) motion asserting that his 40-year sentence for attempted robbery with a firearm is illegal. Because it appears that the appellant’s sentence exceeds the statutory maximum, the appellant is entitled to be resen-tenced.

Attempted armed robbery is a second-degree felony punishable by up to 15 years’ imprisonment. §§ 812.13(2)(a), 777.04(4)(e), 775.082(3)(c), Fla. Stat. (2006); Washington v. State, 11 So.3d 998 (Fla. 1st DCA 2009). If the lowest permissible sentence on the Criminal Punishment Code scoresheet exceeds the statutory maximum sentence, the…