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Rivera v. State

843 So. 2d 348, 2003 Fla. App. LEXIS 5683, 28 Fla. L. Weekly Fed. D 1041
Procedural entryThis page is a short order in Rivera v. State. Read the opinion of the Court — 771 So. 2d 1246 →
District Court of Appeal of Florida·Decided April 23, 2003·No. No. 3D02-905·Published

Opinion

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence to the extent that it denies re-sentencing on the third-degree felony convictions. As the state properly concedes, the sentences imposed on those convictions impermissi-bly exceed the maximum sentence of ten years. § 775.084(4)(a), Fla. Stat. (1999). Accordingly, on remand, the court shall re-sentence defendant to ten years on the third degree felony convictions in case nos. 99-35063 and 99-35077. Defendant need not be present for re-sentencing.

Affirmed in part; reversed in part, and remanded.

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Rivera v. State, 843 So. 2d 348, 2003 Fla. App. LEXIS 5683, 28 Fla. L. Weekly Fed. D 1041 (Fla. Ct. App. 2003).

843 So. 2d 348 (Rivera v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.