CLARENCE WILLIAMS v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CLARENCE WILLIAMS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. : 1D03-4662 STATE OF FLORIDA, Appellee. ____________________/ Opinion filed May 19, 2005. An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. Nancy A. Daniels, Public Defender and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Clarence Williams appeals his habitual offender sentence for battery on a detainee, a third degree felony. See § 784.082(3), Fla. Stat. (2002); § 775.084(4)(a)3, Fla. Stat. (2002). Williams was sentenced to seven years in prison followed by five years of probation, which, as the state correctly concedes, exceeds the ten-year statutory maximum sentence for a third degree felony under the habitual offender statute. See Rodriguez v. State, 766 So. 2d 1147 (Fla. 3d DCA 2000); Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). Accordingly, Williams illegal sentence is reversed and the cause is remanded for resentencing. Williams need not be present for the resentencing. REVERSED and REMANDED. WOLF, C.J., VAN NORTWICK AND BROWNING, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.