Legal Opinion

Clussman v. State

District Court of Appeal of Florida

Decided June 13, 2012No. Nos. 1D11-2019, 1D11-2020, 1D11-2021PublishedCited by 5 opinions

1Per curiam

Catherine Clussman appeals judgments and sentences in three consolidated cases. We approve the judgments, but agree that the sentences contain several errors, and reverse and remand with instructions to enter corrected written sentences and orders of probation. Ms. Clussman preserved the necessary points by filing motions pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).

First, the sentences imposed in count II of each case — sixty months in prison followed by two years of probation — are illegal, because Ms. Clussman was convicted of third-degree felonies in each of these counts. A…

2Cases cited4 opinions

  1. Justice v. StateSupreme Court of Florida · 1996
  2. Nix v. StateDistrict Court of Appeal of Florida · 2012
  3. Dadds v. StateDistrict Court of Appeal of Florida · 2006
  4. Bryant v. StateDistrict Court of Appeal of Florida · 2010

3Cited by5 opinions

  1. Parks v. StateDistrict Court of Appeal of Florida · 2017
  2. Fruggiero v. StateDistrict Court of Appeal of Florida · 2014
  3. Jessica Fruggiero v. State of FloridaDistrict Court of Appeal of Florida · 2014
  4. Michael Levandoski v. State of FloridaSupreme Court of Florida · 2018
  5. Michael Levandoski v. State of FloridaSupreme Court of Florida · 2018

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