Lovelace v. State

District Court of Appeal of Florida

Lovelace v. State

682 So. 2d 701, 1996 Fla. App. LEXIS 11989, 1996 WL 661767

Procedural entryThis page is a short order in Lovelace v. State. Read the opinion of the Court — 1998 Fla. App. LEXIS 2962 →

District Court of Appeal of Florida·Decided November 13, 1996·No. No. 96-2526·Published

Opinion

PER CURIAM.

Winfred Lovelace appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The state concedes that the defendant’s 35-year sentence on count 2, the second-degree felony of attempted armed robbery, exceeds the legal maximum of 15 years. We reverse the order under review and remand for correction of the sentence on count 2. Defendant need not be present. We do not disturb the mandatory minimum sentence, nor do we find any merit in the defendant’s other claims.

Affirmed in part, reversed in part, and remanded for correction of sentence on count 2.

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PER CURIAM.

Winfred Lovelace appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The state concedes that the defendant’s 35-year sentence on count 2, the second-degree felony of attempted armed robbery, exceeds the legal maximum of 15 years. We reverse the order under review and remand for correction of the sentence on count 2. Defendant need not be present. We do not disturb the mandatory minimum sentence, nor do we find any merit in the defendant’s other claims.

Affirmed in part, reversed in part, and remanded for correction of sentence on count 2.

Lovelace v. State, 682 So. 2d 701, 1996 Fla. App. LEXIS 11989, 1996 WL 661767 (Fla. Ct. App. 1996).

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