Blythe v. State

District Court of Appeal of Florida

Blythe v. State

705 So. 2d 128, 1998 Fla. App. LEXIS 564, 1998 WL 25493

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1998

DocketNo. 97-935

StatusPublished

This text of 705 So. 2d 128 (Blythe v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blythe v. State, 705 So. 2d 128, 1998 Fla. App. LEXIS 564, 1998 WL 25493 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant seeks review of the order which denied his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm as to the victim injury assessment argument. However, the concurrent 17 year sentences imposed for the second degree felony charges exceed the statutory maximum of 15 years. § 775.082(3)(c), Fla. Stat. (1993). Accordingly, we reverse and remand for resentencing. Pearson v. State, 660 So.2d 406 (Fla. 1st DCA 1995). Appellant need not be present for resentencing.

MINER, MICKLE and LAWRENCE, JJ., concur.

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PER CURIAM.

Appellant seeks review of the order which denied his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm as to the victim injury assessment argument. However, the concurrent 17 year sentences imposed for the second degree felony charges exceed the statutory maximum of 15 years. § 775.082(3)(c), Fla. Stat. (1993). Accordingly, we reverse and remand for resentencing. Pearson v. State, 660 So.2d 406 (Fla. 1st DCA 1995). Appellant need not be present for resentencing.

MINER, MICKLE and LAWRENCE, JJ., concur.

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705 So. 2d 128, 1998 Fla. App. LEXIS 564, 1998 WL 25493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blythe-v-state-fladistctapp-1998.

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