Prater v. State

District Court of Appeal of Florida

Prater v. State

113 So. 3d 147, 2013 WL 2233987, 2013 Fla. App. LEXIS 8120

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 2013

DocketNo. 2D11-3743

StatusPublished

Cited by2 cases

This text of 113 So. 3d 147 (Prater 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.

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Prater v. State, 113 So. 3d 147, 2013 WL 2233987, 2013 Fla. App. LEXIS 8120 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

For the reasons expressed in Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013), also issued on this date, we reverse the order of the postconviction court and remand for resentencing. Prater’s forty-year sentence, on which only a twenty-five-year minimum mandatory term was imposed, impermissibly exceeds the thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore illegal. See McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); see also Mendenhall v. [148]*148State, 48 So.3d 740, 742 (Fla.2010); Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010).

Reversed and remanded.

DAVIS, KELLY, and BLACK, JJ., Concur.

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PER CURIAM.

For the reasons expressed in Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013), also issued on this date, we reverse the order of the postconviction court and remand for resentencing. Prater’s forty-year sentence, on which only a twenty-five-year minimum mandatory term was imposed, impermissibly exceeds the thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore illegal. See McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); see also Mendenhall v. [148]*148State, 48 So.3d 740, 742 (Fla.2010); Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010).

Reversed and remanded.

DAVIS, KELLY, and BLACK, JJ., Concur.

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113 So. 3d 147, 2013 WL 2233987, 2013 Fla. App. LEXIS 8120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prater-v-state-fladistctapp-2013.

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