McCloud v. State

District Court of Appeal of Florida

McCloud v. State

618 So. 2d 801, 1993 Fla. App. LEXIS 5867, 1993 WL 179446

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1993

DocketNo. 92-02928

StatusPublished

This text of 618 So. 2d 801 (McCloud 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

McCloud v. State, 618 So. 2d 801, 1993 Fla. App. LEXIS 5867, 1993 WL 179446 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

McCloud appeals the sentences imposed for robbery and sexual battery. We affirm the judgment and reverse only the sentences imposed for the robbery and sexual battery and remand for correction of those sentences.

McCloud pleaded guilty to burglary with a battery and robbery. He also pleaded nolo contendere to sexual battery. He was sentenced as a habitual offender to fifty years in prison with a fifteen-year minimum mandatory sentence on each offense, all to run concurrently. McCloud argues and the state concedes that the sentences for the robbery and sexual battery offenses exceed the statutory maximum for these second degree felonies. We agree. See §§ 812.13(2)(c), 794.011(5) and 775.-084(4)(b)(2), Fla.Stat. (1991).

Accordingly, we reverse the sentences imposed for the robbery and sexual battery offenses and remand for resentencing on those charges. We otherwise affirm.

SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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PER CURIAM.

McCloud appeals the sentences imposed for robbery and sexual battery. We affirm the judgment and reverse only the sentences imposed for the robbery and sexual battery and remand for correction of those sentences.

McCloud pleaded guilty to burglary with a battery and robbery. He also pleaded nolo contendere to sexual battery. He was sentenced as a habitual offender to fifty years in prison with a fifteen-year minimum mandatory sentence on each offense, all to run concurrently. McCloud argues and the state concedes that the sentences for the robbery and sexual battery offenses exceed the statutory maximum for these second degree felonies. We agree. See §§ 812.13(2)(c), 794.011(5) and 775.-084(4)(b)(2), Fla.Stat. (1991).

Accordingly, we reverse the sentences imposed for the robbery and sexual battery offenses and remand for resentencing on those charges. We otherwise affirm.

SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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Bluebook (online)

618 So. 2d 801, 1993 Fla. App. LEXIS 5867, 1993 WL 179446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccloud-v-state-fladistctapp-1993.