Full Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PATRICK EDWARD BEAUZIER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D2024-2608 [November 12, 2026] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey Dana Gillen and James Nutt, Judges; L.T. Case No. 502022CF001562AXXXMB. Daniel Eisinger, Public Defender, and Summer Hill, Assistant Public Defender, West Palm Beach, for appellant. James Uthmeier, Attorney General, Tallahassee, and Joseph Mollica, Assistant Attorney General, West Palm Beach, for appellee. GERBER, C.J. The defendant appeals from his convictions and sentences for possession of marijuana exceeding twenty grams (as charged), and resisting an officer without violence (as a lesser included offense of resisting an officer with violence). We affirm on all four issues which the defendant has raised. We will briefly address the third and fourth issues. On the third issue, the defendant argues the circuit court erred in denying his Florida Rule of Criminal Procedure 3.800(b)(2) (2024) motion to correct his sentence on the ground that his combined jail and probationary sentence exceeded the statutory maximum for a nonstate prison sanction. We affirm pursuant to Pozos v. State, 381 So. 3d 617, 621 (Fla. 4th DCA 2024) (“Although a nonstate prison sanction of county jail incarceration must be limited to one year, nothing in section 775.082(10) restricts the aggregate duration of all nonstate prison sanctions to one year.”). On the fourth issue, the defendant argues the circuit court fundamentally erred by not providing the defendant with a twelve-person jury. We affirm pursuant to Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, 146 S. Ct. 2732 (June 15, 2026). Affirmed. KLINGENSMITH and SHEPHERD, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing. 2