Davis v. State

604 So. 2d 39, 1992 Fla. App. LEXIS 9566, 1992 WL 217179
Procedural entryThis page is a short order in Davis v. State. Read the opinion of the Court — 560 So. 2d 1231
District Court of Appeal of Florida·Decided September 4, 1992·No. No. 91-2493·Published

Opinion

WOLF, Judge.

We affirm as to appellant’s first point. See Burdick v. State, 594 So.2d 267 (Fla.1992). As to appellant’s second point, the state concedes that the 15-year sentence for burglary of a structure, a third-degree felony, exceeds the 10-year statutory maximum sentence for a habitual felon under section 775.084(4)(a)3, Florida Statutes. We, therefore, vacate that portion of the sentence, and remand with instructions to resentence the appellant to not more than 10 years for count II.

ERVIN and MINER, JJ., concur.

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Davis v. State, 604 So. 2d 39, 1992 Fla. App. LEXIS 9566, 1992 WL 217179 (Fla. Ct. App. 1992).

604 So. 2d 39 (Davis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Burdick v. State
594 So. 2d 267 (Supreme Court of Florida, 1992)