Jenkins v. State

701 So. 2d 129, 1997 Fla. App. LEXIS 13326, 1997 WL 731897
Procedural entryThis page is a short order in Jenkins v. State. Read the opinion of the Court — 685 So. 2d 918
District Court of Appeal of Florida·Decided November 26, 1997·No. Nos. 97-342, 97-307·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

Upon the State’s proper confession of error, we reverse the defendant’s seventeen year sentence for attempted sexual battery with a weapon and direct the trial court to resentence the defendant on that count to a sentence not exceeding fifteen years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not be present at resentencing. See Tosco v. State, 686 So.2d 787 (Fla. 3d DCA 1997).

Reversed and remanded.

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Jenkins v. State, 701 So. 2d 129, 1997 Fla. App. LEXIS 13326, 1997 WL 731897 (Fla. Ct. App. 1997).

701 So. 2d 129 (Jenkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Tosco v. State
686 So. 2d 787 (District Court of Appeal of Florida, 1997)