Kirtsey v. State

District Court of Appeal of Florida

Kirtsey v. State

576 So. 2d 1368, 1991 Fla. App. LEXIS 3054, 1991 WL 46860

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1991

DocketNo. 90-1812

StatusPublished

This text of 576 So. 2d 1368 (Kirtsey 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

Kirtsey v. State, 576 So. 2d 1368, 1991 Fla. App. LEXIS 3054, 1991 WL 46860 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Kirtsey appeals from his conviction and sentence for aggravated battery and possession of contraband by an inmate. Appellant raises four issues on appeal, only one of which has any merit.

The appellant was adjudicated guilty after a jury trial of aggravated battery and possession of contraband by an inmate. Both charges are second-degree felonies. The appellant was sentenced to concurrent terms of 17 years’ incarceration on count I and count II. A second-degree felony, however, has a statutory maximum penalty of 15 years. See § 775.082(3)(c), Fla.Stat. (1989). The state concedes that the sentence in the instant case exceeds statutory maximum.

We, therefore, affirm the appellant’s convictions, but vacate the sentence and remand for resentencing.

BOOTH, ZEHMER and WOLF, JJ., concur.

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PER CURIAM.

Kirtsey appeals from his conviction and sentence for aggravated battery and possession of contraband by an inmate. Appellant raises four issues on appeal, only one of which has any merit.

The appellant was adjudicated guilty after a jury trial of aggravated battery and possession of contraband by an inmate. Both charges are second-degree felonies. The appellant was sentenced to concurrent terms of 17 years’ incarceration on count I and count II. A second-degree felony, however, has a statutory maximum penalty of 15 years. See § 775.082(3)(c), Fla.Stat. (1989). The state concedes that the sentence in the instant case exceeds statutory maximum.

We, therefore, affirm the appellant’s convictions, but vacate the sentence and remand for resentencing.

BOOTH, ZEHMER and WOLF, JJ., concur.

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Bluebook (online)

576 So. 2d 1368, 1991 Fla. App. LEXIS 3054, 1991 WL 46860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirtsey-v-state-fladistctapp-1991.