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Wiskusky v. State
707 So. 2d 1187
Fla. Dist. Ct. App.
1998
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QUINCE, Judge.

Edward Wiskusky challenges the sentences imposed for two counts of attempted capital sexual battery. He claims the sentences are illegal because they exceed the statutory maximum for first-degree felonies. We agree and treat this appeal as a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800.

Wiskusky entered no contest pleas to two counts of attempted capital sexual battery, which are first-degree felonies. See § 777.04, Fla. Stat. (1989). He was sentenced to thirty years’ imprisonment to be followed by fifteen years’ probation on each count, with the sentences to run concurrently. Wiskusky’s cumulative sentence on each count is forty-five years, which clearly exceeds the thirty-year statutory maximum for first-degree felonies. See Jones v. State, 664 So.2d 1116 (Fla. 4th DCA 1995).

Accordingly, we reverse Wiskusky’s sentence and remand for resentencing to a term which does not exceed the maximum statutory penalty for these offenses.

FRANK, A.C.J., and FULMER, J., concur.

Case Details

Case Name: Wiskusky v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 27, 1998
Citation: 707 So. 2d 1187
Docket Number: No. 97-00102
Court Abbreviation: Fla. Dist. Ct. App.
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