Gore v. State

District Court of Appeal of Florida

Gore v. State

702 So. 2d 276, 1997 Fla. App. LEXIS 13646, 1997 WL 764844

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1997

DocketNo. 96-2938

StatusPublished

Cited by1 cases

This text of 702 So. 2d 276 (Gore 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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Gore v. State, 702 So. 2d 276, 1997 Fla. App. LEXIS 13646, 1997 WL 764844 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We find no error in the trial court’s finding that appellant wilfully and substantially violated his community control. We are obliged to reverse the sentence, however, and remand for a new sentencing hearing, as the trial court imposed a 20-year sentence for two third-degree felonies, which carry a maximum sentence of five years each. Upon remand, the parties may raise any issues regarding how much, if any, credit for time served appellant is entitled to receive, and appellant may, if he chooses, make arguments toward mitigation of his sentence.

MINER, ALLEN and WEBSTER, JJ., concur.

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PER CURIAM.

We find no error in the trial court’s finding that appellant wilfully and substantially violated his community control. We are obliged to reverse the sentence, however, and remand for a new sentencing hearing, as the trial court imposed a 20-year sentence for two third-degree felonies, which carry a maximum sentence of five years each. Upon remand, the parties may raise any issues regarding how much, if any, credit for time served appellant is entitled to receive, and appellant may, if he chooses, make arguments toward mitigation of his sentence.

MINER, ALLEN and WEBSTER, JJ., concur.

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702 So. 2d 276, 1997 Fla. App. LEXIS 13646, 1997 WL 764844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gore-v-state-fladistctapp-1997.

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