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Chesson v. State

District Court of Appeal of Florida, Third District
Mar 17, 1999
729 So. 2d 974 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2062

Opinion filed March 17, 1999. JANUARY TERM, A.D. 1999

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Robert N. Scola, Jr., Judge, L. T. Nos. 90-12589; 90-12591.

Christopher Chesson, in proper person.

Robert A. Butterworth, Attorney General and Simone P. Firley, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH, and GREEN, JJ.


The appellant appeals the denial of his motion made pursuant to Florida Rules of Criminal Procedure 3.800 to vacate his twenty year sentence entered pursuant to a plea agreement on the grounds that it is illegal. For purposes of rule 3.800, an illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines.See Davis v. State, 661 So.2d 1193, 1196 (Fla. 1995); Wright v. State, 711 So.2d 66, 67 (Fla. 3d DCA 1998); Hinson v. State, 709 So.2d 629, 630 (Fla. 1st DCA 1998); State v. Moten, 698 So.2d 1345, 1346 (Fla. 5th DCA 1997); Skidmore v. State, 688 So.2d 1014, 1015 (Fla. 3d DCA 1997). The sentence imposed upon the appellant is less than the statutory maximum sentence for the crimes that he committed and is therefore not an illegal sentence as prescribed under rule 3.800. Therefore, finding no merit to the appellant's argument, we affirm the order under review.

Based upon the kidnapping charge alone, the appellant was eligible for a maximum sentence of life imprisonment.

Affirmed.


Summaries of

Chesson v. State

District Court of Appeal of Florida, Third District
Mar 17, 1999
729 So. 2d 974 (Fla. Dist. Ct. App. 1999)
Case details for

Chesson v. State

Case Details

Full title:CHRISTOPHER CHESSON Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 17, 1999

Citations

729 So. 2d 974 (Fla. Dist. Ct. App. 1999)

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