Schmidt v. State

Defendant appeals the denial of his rule 3.800(a) motion to correct an illegal sentence, arguing that his sentence is illegal because it exceeds the statutory maximum for a second degree felony and that he should be resentenced. We agree.

Defendant was convicted of DUI manslaughter for an offense in 1992. He was originally sentenced to eight years in prison followed by three years probation. After violating probation, he was sentenced in 1998 to eleven and a half years in prison, followed by two years probation. On September 26, 2003, he entered a plea admitting a violation of his probation.…