Rasul v. State

DANAHY, Chief Judge.

The defendant was convicted of grand theft, a third degree felony. The statutory maximum sentence for that offense is five years. § 775.082(3)(d), Fla.Stat. (1985). The defendant’s guidelines scoresheet indicated a recommended sentencing range of twelve to seventeen years. Florida Rule of Criminal Procedure 3.701(d)(10) provides that if the composite score for a defendant charged with a single offense indicates a guidelines sentence that exceeds the maximum sentence provided by statute for that offense, the statutory maximum sentence should be imposed.

The trial judge…