Justice v. State

District Court of Appeal of Florida

Justice v. State

873 So. 2d 599, 2004 Fla. App. LEXIS 7349, 2004 WL 1172998

Procedural entryThis page is a short order in Justice v. State. Read the opinion of the Court — 944 So. 2d 538 →

District Court of Appeal of Florida·Decided May 26, 2004·No. No. 4D03-1557·Published

Opinion

PER CURIAM.

Appellant was convicted of aggravated battery pursuant to section 784.045, Florida Statutes (1998), a second degree felony, which has a maximum punishment of fifteen years imprisonment. See § 775.082(3)(c), Fla. Stat. (1998). However, the trial court sentenced her to thirty years as a prison releasee reoffender. The state concedes that the court erred, as under the Prison Releasee Reoffender Act the mandatory sentence of a second degree felony is also fifteen years. See § 775.082(8)(a)2.c.

Reversed and remanded for resentenc-ing.

STONE, WARNER and POLEN, JJ., concur.

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PER CURIAM.

Appellant was convicted of aggravated battery pursuant to section 784.045, Florida Statutes (1998), a second degree felony, which has a maximum punishment of fifteen years imprisonment. See § 775.082(3)(c), Fla. Stat. (1998). However, the trial court sentenced her to thirty years as a prison releasee reoffender. The state concedes that the court erred, as under the Prison Releasee Reoffender Act the mandatory sentence of a second degree felony is also fifteen years. See § 775.082(8)(a)2.c.

Reversed and remanded for resentenc-ing.

STONE, WARNER and POLEN, JJ., concur.

Justice v. State, 873 So. 2d 599, 2004 Fla. App. LEXIS 7349, 2004 WL 1172998 (Fla. Ct. App. 2004).

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