Burns v. State

575 So. 2d 769, 1991 Fla. App. LEXIS 1782, 1991 WL 27497
Procedural entryThis page is a short order in Burns v. State. Read the opinion of the Court — 584 So. 2d 1073
District Court of Appeal of Florida·Decided March 7, 1991·No. No. 90-1673·Published

Opinion

HARRIS, Judge.

Richard Burns was convicted of robbery-while wearing a mask. The maximum sentence for this offense is thirty years. The trial court sentenced Burns to 22 years incarceration (the guideline maximum) to be followed by 10 years probation. This is an illegal sentence. Calhoun v. State, 522 So.2d 509 (Fla. 1st DCA 1988).

On resentencing, the court shall either reduce the incarceration or the probation so that the total period will not exceed the statutory maximum of 30 years.

REVERSED and REMANDED.

DAUKSCH and PETERSON, JJ., concur.

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Burns v. State, 575 So. 2d 769, 1991 Fla. App. LEXIS 1782, 1991 WL 27497 (Fla. Ct. App. 1991).

575 So. 2d 769 (Burns v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Calhoun v. State
522 So. 2d 509 (District Court of Appeal of Florida, 1988)