Tosco v. State

District Court of Appeal of Florida

Tosco v. State

686 So. 2d 787, 1997 Fla. App. LEXIS 220, 1997 WL 20759

District Court of Appeal of Florida·Decided January 22, 1997·No. No. 96-2670·Published·Cited by 1 cases

Opinion

PER CURIAM.

Eduardo Tosco petitions for a writ of habe-as corpus asserting that his appellate counsel was ineffective in this court’s appeal numbers 93-1044 and 93-1059. The State concedes that petitioner-defendant’s sentence exceeds the legal maximum in circuit court case number 91-8446 and in count one of circuit court ease number 91-9721. We grant the petition as to these two sentences and remand for resentencing. Defendant need not be present at resentencing.

[788]*788We find no merit with respect to the remainder of the petition.

Petition granted in part, denied in part.

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PER CURIAM.

Eduardo Tosco petitions for a writ of habe-as corpus asserting that his appellate counsel was ineffective in this court’s appeal numbers 93-1044 and 93-1059. The State concedes that petitioner-defendant’s sentence exceeds the legal maximum in circuit court case number 91-8446 and in count one of circuit court ease number 91-9721. We grant the petition as to these two sentences and remand for resentencing. Defendant need not be present at resentencing.

[788]*788We find no merit with respect to the remainder of the petition.

Petition granted in part, denied in part.

Tosco v. State, 686 So. 2d 787, 1997 Fla. App. LEXIS 220, 1997 WL 20759 (Fla. Ct. App. 1997).

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Opinion

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