Tate v. State

District Court of Appeal of Florida

Tate v. State

778 So. 2d 486, 2001 Fla. App. LEXIS 1770, 2001 WL 167001

Procedural entryThis page is a short order in Tate v. State. Read the opinion of the Court — 864 So. 2d 44 →

District Court of Appeal of Florida·Decided February 21, 2001·No. No. 3D00-2459·Published

Opinion

PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Defendant properly asserts that his sentences exceed the five-year statutory maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial court shall resentence defendant within the five-year statutory maximum on each count. The remaining point in defendant’s motion lacks merit.

Reversed and remanded.

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PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Defendant properly asserts that his sentences exceed the five-year statutory maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial court shall resentence defendant within the five-year statutory maximum on each count. The remaining point in defendant’s motion lacks merit.

Reversed and remanded.

Tate v. State, 778 So. 2d 486, 2001 Fla. App. LEXIS 1770, 2001 WL 167001 (Fla. Ct. App. 2001).

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