Duquesne v. State
Duquesne challenged his 2017 VOP resentencing to two concurrent ten-year terms for third-degree felonies, arguing the sentences exceeded the five-year statutory maximum absent any habitual offender or other enhancement documentation. The Third DCA agreed the sentences appeared illegal on the summary record and reversed, remanding for the trial court to verify whether any enhancement or scoresheet basis supports the sentences, and if not, to resentence.
Key facts
- Duquesne was resentenced in 2017 for violation of probation to two concurrent ten-year sentences for third-degree felonies.
- Duquesne challenged the sentences as exceeding the five-year statutory maximum for third-degree felonies, arguing no habitual offender designation or enhancement appeared in the sentencing order.
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Why it matters
This opinion is useful to practitioners handling 3.800(a) illegal sentence motions after a VOP resentencing, particularly where enhancement documentation is missing from the record. It confirms that correction of an… — full analysis with a trial
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