FELTS V. STATE
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006 WILLIAM COLEMAN FELTS, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D05-2631 ** ** LOWER TRIBUNAL NO. 02-7824 ** Opinion filed November 1, 2006. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mark King Leban, Judge. William Coleman Felts, in proper person. Charles J. Crist, Jr., Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellee. Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla R. App. P. 9.141 (b) (2) (A), shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141 (b) (2) (D). On July 26, 2004, defendant, William Coleman Felts, entered a guilty plea to one count of sexual battery on a minor in violation Section 794.011(2), Florida Statues, one count of lewd and lascivious molestation of a child under twelve years in violation of section 800.04(5)(b), and one count of battery of a child by bodily fluids in violation of section 784.085. counts, the defendant was sentenced In each of these concurrently to fifteen years in state prison followed by ten years of probation. Defendant filed a Rule 3.850 motion for post conviction relief alleging four grounds, one of which has merit. The State confesses regarding that defendant is correct that the count battery of a child by bodily fluids constitutes a third-degree felony. are § 784.085(2), Fla. Stat. (2004). punishable by a maximum sentence Third-degree felonies of five years. § 775.082(4)(d), Fla. Stat. (2004) ( For a felony of the third degree, by a term of imprisonment not exceeding 5 years. ). Since defendant s fifteen-year sentence as to the third count exceeds the statutory maximum, we reverse and remand for resentencing on this count. 2 Affirmed in part, reversed in part resentencing consistent with this opinion. 3 and remanded for
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.
