Arthur Preston Harris, III v. State of Florida

FIFTH D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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Case No. 5D2024-1179
LT Case No. 2022-305804-CFDB
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ARTHUR PRESTON H ARRIS, III,
Appellant,
v.
S TATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Volusia County.
Richard B. Orfinger, Senior Judge.
Matthew J. Metz, Public Defender, and Judson Searcy, Assistant
Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Allison
Leigh Morris, Assistant Attorney General, Daytona Beach, for
Appellee.
November 21, 2025
P ER C URIAM.
Arthur 	Preston 	Harris, 	III, 	was 	convicted 	after 	trial 	of
numerous and mostly drug-related criminal offenses. 	The trial
court 	sentenced 	Harris 	to 	serve 	varying 	concurrent 	terms 	of
imprisonment, but to be served consecutively to a thirty-five year
prison sentence previously imposed on Harris in a separate case.

2
Harris’s sole challenge in this direct appeal is to the fifteen-
year prison sentences imposed on him for his conviction in count
three for attempted sale of fentanyl and his conviction in count four
for attempted sale of cocaine. Each are third-degree felonies under
sections 893.13(1)(a)1. and 777.04(4)(d)1., Florida Statutes (2022),
punishable by up to five years in prison. See § 775.082(3)(e), Fla.
Stat. Harris argues that his current prison sentences on these two
counts are thus fundamentally erroneous. We agree, albeit for a
different reason.1
Harris’s Criminal Punishment Code Scoresheet at the time of
sentencing showed a lowest permissible prison sentence of 154.950
months. 	When the lowest permissible prison sentence under the
Criminal Punishment Code exceeds the statutory cap for the
individual offense, the lowest permissible prison sentence must be
imposed. See State v. Gabriel, 314 So. 3d 1243, 1252 (Fla. 2021).
Moreover, when “the statutory maximum sentence as provided in
section 	775.082, 	Florida 	Statutes, 	is 	exceeded 	by 	the 	lowest
permissible 	sentence 	under 	the 	code, 	the 	lowest 	permissible
sentence under the code becomes the maximum sentence which
the trial judge can impose.” 	Butler v. State, 838 So. 2d 554, 556
(Fla. 2003).
Accordingly, under these circumstances, Harris’s fifteen-year
prison sentences on counts three and four exceed that permitted
by law. We vacate Harris’s sentences on these two counts and
remand with directions that Harris be resentenced on counts three
and four consistent with this opinion. The amended judgment and
sentences on counts three and four shall also include the statutory
citation to section 777.04(4)(d), Florida Statutes.
Sentences on counts three and four V ACATED; R EMANDED for
resentencing consistent with this opinion.
M AKAR , LAMBERT , and M AC I VER , JJ., concur.
1 The State has conceded error.

3
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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