Sasser v. State

Appellant challenges the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the record does not conclusively refute Appellant’s claim that his sentence in case number 02-3308 exceeds the statutory maximum, we reverse.

On November 6, 2002, Appellant was convicted of violating his probation in case number 99-4483 on the crimes of burglary of an unoccupied structure and grand theft, and of felony petit theft in case number 02-3308. All of Appellant’s convictions were third-degree felonies punishable by up to 60 months’ imprisonment.…