Flemming v. State

District Court of Appeal of Florida

Flemming v. State

415 So. 2d 824, 1982 Fla. App. LEXIS 20354

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1982

DocketNo. 81-857

StatusPublished

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This text of 415 So. 2d 824 (Flemming 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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Flemming v. State, 415 So. 2d 824, 1982 Fla. App. LEXIS 20354 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

While there is no merit in the appellant’s attacks upon his convictions, which claim error in the failure to suppress his confession, see Busch v. State, 392 So.2d 272 (Fla. 1st DCA 1980), cert. denied, 452 U.S. 909, 101 S.Ct. 3040, 69 L.Ed.2d 412 (1981); State v. Thomas, 405 So.2d 462 (Fla. 3d DCA 1981); Collier v. State, 353 So.2d 1219 (Fla. 3d DCA 1977); compare Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), we do agree — as the state concedes — that his sentence for attempted burglary of an occupied dwelling must, after remand, be reduced from fifteen to five years imprisonment. Sec. 777.-04(4)(c), 775.082(3)(d), Fla.Stat. (1979); Fenn v. State, 398 So.2d 1004 (Fla. 5th DCA 1981). With that exception, the judgments and sentences under review are affirmed.

Affirmed as modified.

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PER CURIAM.

While there is no merit in the appellant’s attacks upon his convictions, which claim error in the failure to suppress his confession, see Busch v. State, 392 So.2d 272 (Fla. 1st DCA 1980), cert. denied, 452 U.S. 909, 101 S.Ct. 3040, 69 L.Ed.2d 412 (1981); State v. Thomas, 405 So.2d 462 (Fla. 3d DCA 1981); Collier v. State, 353 So.2d 1219 (Fla. 3d DCA 1977); compare Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), we do agree — as the state concedes — that his sentence for attempted burglary of an occupied dwelling must, after remand, be reduced from fifteen to five years imprisonment. Sec. 777.-04(4)(c), 775.082(3)(d), Fla.Stat. (1979); Fenn v. State, 398 So.2d 1004 (Fla. 5th DCA 1981). With that exception, the judgments and sentences under review are affirmed.

Affirmed as modified.

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415 So. 2d 824, 1982 Fla. App. LEXIS 20354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flemming-v-state-fladistctapp-1982.

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