Burney v. State

District Court of Appeal of Florida

Burney v. State

806 So. 2d 625, 2002 Fla. App. LEXIS 2929, 2002 WL 181113

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2002

DocketNo. 4D01-3982

StatusPublished

Cited by1 cases

This text of 806 So. 2d 625 (Burney 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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Burney v. State, 806 So. 2d 625, 2002 Fla. App. LEXIS 2929, 2002 WL 181113 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Eugene Burney challenges the trial court’s denial of his rule 3.800 motion wherein he argued that his 45 year sentence is illegal. We remand for resentenc-ing as the state agrees'that the 45 year sentence exceeds the 40 year maximum sentence permitted by statute for the offense of second degree murder. See Farmer v. State, 672 So.2d 639 (Fla. 5th DCA 1996); Wright v. State, 600 So.2d 11 (Fla. 4th DCA 1992).

. POLEN, C.J., TAYLOR and MAY, JJ., concur.

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PER CURIAM.

Eugene Burney challenges the trial court’s denial of his rule 3.800 motion wherein he argued that his 45 year sentence is illegal. We remand for resentenc-ing as the state agrees'that the 45 year sentence exceeds the 40 year maximum sentence permitted by statute for the offense of second degree murder. See Farmer v. State, 672 So.2d 639 (Fla. 5th DCA 1996); Wright v. State, 600 So.2d 11 (Fla. 4th DCA 1992).

. POLEN, C.J., TAYLOR and MAY, JJ., concur.

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806 So. 2d 625, 2002 Fla. App. LEXIS 2929, 2002 WL 181113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burney-v-state-fladistctapp-2002.

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