Kembyrd v. State

District Court of Appeal of Florida

Kembyrd v. State

709 So. 2d 196, 1998 Fla. App. LEXIS 4880, 1998 WL 219824

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1998

DocketNo. 97-3498

StatusPublished

This text of 709 So. 2d 196 (Kembyrd 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

Kembyrd v. State, 709 So. 2d 196, 1998 Fla. App. LEXIS 4880, 1998 WL 219824 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

As the State correctly concedes, the 10.63 year sentence imposed for Count Five, in connection with the charge of possession of burglary tools, exceeds the statutory maxi[197]*197mum. Possession of burglary tools is a felony of the third degree, punishable by a term of imprisonment not exceeding five years. See §§ 810.06 and 775.082(3)(d), Fla. Stat. (1993). Accordingly, in view of the fact that the defendant received an illegal sentence as to Count Five only, this case is remanded to the trial court with directions to reduce the sentence previously imposed in connection with Count Five to a sentence that does not exceed the statutory maximum. In all other respects, the trial court’s denial of the defendant’s motion, filed under Fla. R.Crim. P. 3.850, is affirmed.

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

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PER CURIAM.

As the State correctly concedes, the 10.63 year sentence imposed for Count Five, in connection with the charge of possession of burglary tools, exceeds the statutory maxi[197]*197mum. Possession of burglary tools is a felony of the third degree, punishable by a term of imprisonment not exceeding five years. See §§ 810.06 and 775.082(3)(d), Fla. Stat. (1993). Accordingly, in view of the fact that the defendant received an illegal sentence as to Count Five only, this case is remanded to the trial court with directions to reduce the sentence previously imposed in connection with Count Five to a sentence that does not exceed the statutory maximum. In all other respects, the trial court’s denial of the defendant’s motion, filed under Fla. R.Crim. P. 3.850, is affirmed.

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

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Bluebook (online)

709 So. 2d 196, 1998 Fla. App. LEXIS 4880, 1998 WL 219824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kembyrd-v-state-fladistctapp-1998.