Owens v. State

District Court of Appeal of Florida

Owens v. State

652 So. 2d 417, 1995 Fla. App. LEXIS 2553, 1995 WL 106949

Procedural entryThis page is a short order in Owens v. State. Read the opinion of the Court — 626 So. 2d 240 →

District Court of Appeal of Florida·Decided March 15, 1995·No. No. 94-2942·Published

Opinion

PER CURIAM.

John Owens appeals an order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The State concedes that the sentence of 22 years imposed in circuit court case number 88-16241 exceeds the statutory maximum of 15 years. We reverse and remand for resen-tencing on that count. In so doing, we do^ not disturb the three-year minimum mandatory portion of the sentence. Appellant need not be present for resentencing.

We find no merit in any of appellant’s other claims of illegal sentencing, and thus affirm the remainder of the order denying relief under Rule 3.800(a).

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

John Owens appeals an order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The State concedes that the sentence of 22 years imposed in circuit court case number 88-16241 exceeds the statutory maximum of 15 years. We reverse and remand for resen-tencing on that count. In so doing, we do^ not disturb the three-year minimum mandatory portion of the sentence. Appellant need not be present for resentencing.

We find no merit in any of appellant’s other claims of illegal sentencing, and thus affirm the remainder of the order denying relief under Rule 3.800(a).

Affirmed in part, reversed in part, and remanded.

Owens v. State, 652 So. 2d 417, 1995 Fla. App. LEXIS 2553, 1995 WL 106949 (Fla. Ct. App. 1995).

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