Langford v. State

Full title: WILLIAM LANGFORD, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 15, 2000

773 So. 2d 108 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-3098.

Opinion filed December 15, 2000.

Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge.

Sentence Vacated; Remanded.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal,¹ the state has acknowledged that Langford received a sentence for aggravated battery,² which exceeded both the statutory maximum and the recommended guidelines range. It is therefore illegal. See, e.g., Eckard v. State, 758 So.2d 742 (Fla. 5th DCA 2000). Accordingly, we reverse Langford's sentence of twelve years incarceration followed by ten years probation and remand for resentencing.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2 § 784.045(1)(a)1., Fla. Stat. (1995).

Cobb, Sharp, W., and Peterson, JJ., Concur.