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McMULLEN v. STATE

No. 89-2642.

570 So.2d 1032 (1990)

Jay McMULLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 21, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse the appellant's sentence and remand for resentencing because the appellant was sentenced beyond the statutory maximum and costs were imposed without notice or a hearing.

The appellant, Jay McMullen, was charged with three counts of sexual battery on May 15, 1989. McMullen plead guilty to three counts of attempted sexual battery and entered into a plea agreement on that same date. The plea agreement included a sentence of fifty (50) years...

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