11-2019, 11-2020, 11-2021 CATHERINE CLUSSMAN, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-2019,

Case Date: 06/13/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CATHERINE CLUSSMAN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 13, 2012. An appeal from the Circuit Court for Wakulla County. N. Sanders Sauls, Judge. Sheila Callahan, Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel Region One, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NOS. 1D11-2019, 1D11-2020 & 1D11-2021

PER CURIAM. Catherine Clussman appeals judgments and sentences in three consolidated cases. We approve the judgments, but agree that the sentences contain several errors, and reverse and remand with instructions to enter corrected written

sentences and orders of probation. Ms. Clussman preserved the necessary points by filing motions pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). First, the sentences imposed in count II of each case--sixty months in prison followed by two years of probation--are illegal, because Ms. Clussman was convicted of third-degree felonies in each of these counts. A sixty-month term of imprisonment is the maximum sentence that the trial court could have legally imposed for a third-degree felony. See

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