Lowery v. State

In this Anders appeal,1 this court asked for supplemental briefs on a sentencing issue. Appellant, Derick Lowery, was convicted of a second degree felony, sexual activity with a person 16 or 17 years of age,2 and a third degree felony, interference with custody,3 and sentenced to concurrent terms of 68.7 months incarceration followed by 60 months probation. Lowery’s guideline scoresheet reflected a sentencing range of 68.7 to 114.5 months incarceration. The statutory maximum penalty for a third degree felony under section 775.082(3)(d), Florida Statutes (1999) is five years. The 68.7 month…