Gallagher v. State

District Court of Appeal of Florida

Gallagher v. State

542 So. 2d 478, 14 Fla. L. Weekly 1117, 1989 Fla. App. LEXIS 2384, 1989 WL 45352

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1989

DocketNo. 87-01815

StatusPublished

This text of 542 So. 2d 478 (Gallagher 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

Gallagher v. State, 542 So. 2d 478, 14 Fla. L. Weekly 1117, 1989 Fla. App. LEXIS 2384, 1989 WL 45352 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Appellant argues, and the state concedes, that the trial court erred in imposing a fifteen-year sentence for the offense of false imprisonment. Appellant was not charged with carrying a weapon during the commission of this offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also adjudged a habitual offender, a finding which he does not contest on appeal, the maximum permissible sentence is ten years. § 775.084(4)(a)(3), Fla.Stat. (1987). Appellant need not be present at resentenc-ing. The conviction is otherwise affirmed, as are appellant’s conviction and life sentence for armed robbery.

Affirmed in part, reversed in part, and remanded with instructions.

RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.

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PER CURIAM.

Appellant argues, and the state concedes, that the trial court erred in imposing a fifteen-year sentence for the offense of false imprisonment. Appellant was not charged with carrying a weapon during the commission of this offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also adjudged a habitual offender, a finding which he does not contest on appeal, the maximum permissible sentence is ten years. § 775.084(4)(a)(3), Fla.Stat. (1987). Appellant need not be present at resentenc-ing. The conviction is otherwise affirmed, as are appellant’s conviction and life sentence for armed robbery.

Affirmed in part, reversed in part, and remanded with instructions.

RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.

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Bluebook (online)

542 So. 2d 478, 14 Fla. L. Weekly 1117, 1989 Fla. App. LEXIS 2384, 1989 WL 45352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-state-fladistctapp-1989.