Wesley Paul v. State of Florida

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WESLEY PAUL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D15-3953 [July 13, 2016] Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case Nos. 08-10007CF10B, 09-18113CF10A, 09-18114CF10A and 10-20584CF10A. Wesley Paul, Doral, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. The State concedes that appellant’s combined sentence of 11.67 years in prison followed by 10 years of probation is illegal as it exceeds the 15-year statutory maximum for the second degree felonies in lower tribunal case numbers 08-10007CF10B, 09-18113CF10A, 09-18114CF10A, and 10-20584CF10A. Resentencing is required as to these counts. Pursuant to Jordan v. State, 143 So. 3d 335 (Fla. 2014), appellant is entitled to be present at resentencing. We do not disturb appellant’s sentence for the first degree felony in case number 10-20584CF10A. Reversed and remanded for resentencing. WARNER, GROSS and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. -2-

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