Gathers v. State

District Court of Appeal of Florida

Gathers v. State

852 So. 2d 929, 2003 Fla. App. LEXIS 12525, 2003 WL 21980391

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 2003

DocketNo. 1D02-1106

StatusPublished

This text of 852 So. 2d 929 (Gathers 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

Gathers v. State, 852 So. 2d 929, 2003 Fla. App. LEXIS 12525, 2003 WL 21980391 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The appellant challenges sentences which were imposed for two counts of resisting arrest with violence. These are third degree felonies, for which a five year maximum term of imprisonment is allowed. § 848.01; § 775.082(3)(d), Fla. Stat. The concurrent fifteen year terms of imprisonment imposed for these offenses are illegal sentences, exceeding the maximum allowed by law. The appellant’s sentences are therefore vacated, and the case is remanded for resentencing.

ERVIN, BARFIELD and ALLEN, JJ., concur.

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PER CURIAM.

The appellant challenges sentences which were imposed for two counts of resisting arrest with violence. These are third degree felonies, for which a five year maximum term of imprisonment is allowed. § 848.01; § 775.082(3)(d), Fla. Stat. The concurrent fifteen year terms of imprisonment imposed for these offenses are illegal sentences, exceeding the maximum allowed by law. The appellant’s sentences are therefore vacated, and the case is remanded for resentencing.

ERVIN, BARFIELD and ALLEN, JJ., concur.

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Bluebook (online)

852 So. 2d 929, 2003 Fla. App. LEXIS 12525, 2003 WL 21980391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gathers-v-state-fladistctapp-2003.