Ruiz v. State, 537 So. 2d 682

CONFESSION OF ERROR

PER CURIAM.

The state concedes that the trial court erred in sentencing defendant Ruiz in accordance with a negotiated plea to reduced charges. The trial court‘s sentence, in excess of the statutory maximum, is illegal. See Frison v. State, 533 So.2d 954 (Fla. 5th DCA 1988); Cleveland v. State, 394 So.2d 230 (Fla. 5th DCA 1981). We therefore vacate the sentence and remand for further proceedings. On remand, the state may agree to reduction of the sentence to a legal term, see §§ 794.011(2); 777.04(4)(a); 775.082(3)(b), Fla. Stat. (1981); if the state does not elect that option, the trial court should permit Ruiz to withdraw his plea and proceed to trial on the original charges. See Forbert v. State, 437 So.2d 1079 (Fla. 1983); Cleveland; see also Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981).

SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.

Case Details

Case Name: Ruiz v. State

Court Name: District Court of Appeal of Florida

Date Published: Jan 24, 1989

Citations: 537 So. 2d 682; 1989 WL 4810; 86-2788

Docket Number: 86-2788

Court Abbreviation: Fla. Dist. Ct. App.