Daniels v. State

The appellant challenges the trial court’s order summarily denying his rule 3.800(a) motion, in which he alleges that his sentence is illegal because it exceeds the statutory maximum for a third-degree felony. Because the appellant’s sentence exceeds both the statutory maximum and the lowest permissible sentence under the Criminal Punishment Code, we reverse.

The appellant was convicted of aggravated assault with a firearm and sentenced to eighty-four months’ imprisonment. Aggravated assault with a firearm is a third-degree felony punishable by up to sixty months’ imprisonment. The appellant’s…