Miller v. State

SALARIO, Judge.

Wilfred Paul Miller filed a motion under Florida Rule of Criminal Procedure 3.800(a) alleging that four of his six sentences arising from various child sexual offenses were illegal because they exceeded the applicable statutory maximum sentences for those offenses. The postconviction court denied the motion reasoning that Miller’s sentences were legal because they were the lowest permissible sentences under the criminal punishment code. See § 921.002, Fla. Stat. (2014). That decision was mistaken because Miller’s offenses predate the criminal punishment code, and as a result,…