Figueroa v. State

District Court of Appeal of Florida

Figueroa v. State

187 So. 3d 369, 2016 Fla. App. LEXIS 4238, 2016 WL 1061973

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 2016

DocketNo. 5D16-274

StatusPublished

This text of 187 So. 3d 369 (Figueroa 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.

Bluebook

Figueroa v. State, 187 So. 3d 369, 2016 Fla. App. LEXIS 4238, 2016 WL 1061973 (Fla. Ct. App. 2016).

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Opinion

ON CONCESSION OF ERROR

PER CURIAM.

Appellant, Alexis J. Figueroa, appeals the postconviction court’s order denying [370]*370his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. He argues that his fifty-year prison sentence for robbery with a weapon in' violation of section 812.13(2)(b), Florida Statutes (2006), is illegal because robbery with a weapon is a first-degree felony, punishable by a maximum term of imprisonment of thirty years. See § 775.082(3)(b), Fla. Stat. (2006); see also Santiago v. State, 147 So.3d 1067, 1058 (Fla. 3d DCA 2014) (“Robbery with á non-deadly weapon is a first-degree' felony and,' generally, the maximum sentence permitted by [sections 775.082(3)(b) and 812.13(2)(b)] for this crime is thirty years.”). The State has commendably conceded error.

Accordingly, we reverse the postconviction court’s order denying Appellant’s motion to correct illegal sentence and remand for resentencing.¹

REVERSED and REMANDED.

PALMER, EVANDER, and LAMBERT, JJ., concur.

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ON CONCESSION OF ERROR

PER CURIAM.

Appellant, Alexis J. Figueroa, appeals the postconviction court’s order denying [370]*370his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. He argues that his fifty-year prison sentence for robbery with a weapon in' violation of section 812.13(2)(b), Florida Statutes (2006), is illegal because robbery with a weapon is a first-degree felony, punishable by a maximum term of imprisonment of thirty years. See § 775.082(3)(b), Fla. Stat. (2006); see also Santiago v. State, 147 So.3d 1067, 1058 (Fla. 3d DCA 2014) (“Robbery with á non-deadly weapon is a first-degree' felony and,' generally, the maximum sentence permitted by [sections 775.082(3)(b) and 812.13(2)(b)] for this crime is thirty years.”). The State has commendably conceded error.

Accordingly, we reverse the postconviction court’s order denying Appellant’s motion to correct illegal sentence and remand for resentencing.¹

REVERSED and REMANDED.

PALMER, EVANDER, and LAMBERT, JJ., concur.

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Bluebook (online)

187 So. 3d 369, 2016 Fla. App. LEXIS 4238, 2016 WL 1061973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-state-fladistctapp-2016.