Cito v. State

150 So. 3d 829, 2014 Fla. App. LEXIS 16960, 2014 WL 5304962

Opinion

BLACK, Judge.

Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We af firm the remaining issues raised on appeal without comment.

Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, á second-degree felony. See § 790.15(2), Fla. Stat. (2006). The offense is punishable by up to fifteen years’ imprisonment. See § 775.082(3)(c), Fla. Stat. (2006). However, the trial court imposed a twenty-year sentence for this offense; this sentence is illegal. Therefore, we remand for resentencing as to this count.

Affirmed in part, reversed in part, and remanded.

SILBERMAN and KELLY, JJ., Concur.