Lockett v. State

District Court of Appeal of Florida

Lockett v. State

50 So. 3d 793, 2010 Fla. App. LEXIS 20135, 2010 WL 5391537

District Court of Appeal of Florida·Decided December 30, 2010·No. No. 5D10-1065·Published

Opinion

PER CURIAM.

We affirm as to all points raised by Appellant for the reasons stated by Appel-lee. We note one error on the face of the record that necessitates correction. Appellant was sentenced to eleven months and twenty-nine days on count 3, a second-degree misdemeanor, which exceeds the statutory maximum for that offense. We therefore reverse the sentence on that count and remand for the imposition of a sixty-day sentence. § 775.082(4)(b), Fla. Stat. (2009). Appellant need not be present when the new sentence is imposed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

PALMER, TORPY and JACOBUS, JJ., concur.

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PER CURIAM.

We affirm as to all points raised by Appellant for the reasons stated by Appel-lee. We note one error on the face of the record that necessitates correction. Appellant was sentenced to eleven months and twenty-nine days on count 3, a second-degree misdemeanor, which exceeds the statutory maximum for that offense. We therefore reverse the sentence on that count and remand for the imposition of a sixty-day sentence. § 775.082(4)(b), Fla. Stat. (2009). Appellant need not be present when the new sentence is imposed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

PALMER, TORPY and JACOBUS, JJ., concur.

Lockett v. State, 50 So. 3d 793, 2010 Fla. App. LEXIS 20135, 2010 WL 5391537 (Fla. Ct. App. 2010).

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