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Nixon v. State

District Court of Appeal of Florida, Second District
Mar 14, 2001
787 So. 2d 84 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-2318.

Opinion filed March 14, 2001.

Appeal from the Circuit Court for Pinellas County; Lauren C. Laughlin, Judge.

James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John Klawikofsky, Assistant Attorney General, Tampa, for Appellee.


Christian Shawn Nixon argues, and we agree, that the trial court erred in sentencing. Accordingly, we reverse.

Nixon committed numerous offenses in 1992. After revoking his probation, the trial court sentenced Nixon to thirty-five years for each count to run concurrently. The sentences were imposed over defense counsel's objection; thus, this issue was properly preserved for appeal. For offenses committed prior to 1994, a trial court cannot impose a sentence in excess of the statutory maximum. See Mays v. State, 717 So.2d 515 (Fla. 1998). See also Allen v. State, 771 So.2d 1245 (Fla. 2d DCA 2000). Applicable to this case, the statutory maximums are as follows: for a first-degree felony, thirty years, see § 775.082(3)(b), Fla. Stat. (1991); for a second-degree felony, fifteen years, see § 775.082(3)(c); and for a third-degree felony, five years, see § 775.082(3)(d). Because the trial court exceeded the statutory maximums by imposing a thirty-five year sentence on each count, we reverse.

Reversed and remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.


Summaries of

Nixon v. State

District Court of Appeal of Florida, Second District
Mar 14, 2001
787 So. 2d 84 (Fla. Dist. Ct. App. 2001)
Case details for

Nixon v. State

Case Details

Full title:CHRISTIAN SHAWN NIXON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 14, 2001

Citations

787 So. 2d 84 (Fla. Dist. Ct. App. 2001)

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