Kline v. State

Richard Edward Kline appeals the trial court’s denial of his motion filed under *1147Rule 3.800, Florida Rules of Criminal Procedure, challenging as illegal Kline’s probationary split sentences imposed following four convictions for lewd and lascivious assault on a minor. We agree that the sentences are illegal and reverse.

Lewd and lascivious assault on a minor is a second degree felony. § 800.04, Fla.Stat. (1989). The maximum sentence authorized by statute is fifteen years in prison. § 775.082(3)(c), Fla.Stat. (1989). Kline entered pleas of nolo con tendere in all four cases, and was sentenced,…