Vazquez v. State

District Court of Appeal of Florida

Vazquez v. State

595 So. 2d 309, 1992 Fla. App. LEXIS 2811, 1992 WL 55250

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1992

DocketNo. 91-3449

StatusPublished

Cited by1 cases

This text of 595 So. 2d 309 (Vazquez 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.

Bluebook

Vazquez v. State, 595 So. 2d 309, 1992 Fla. App. LEXIS 2811, 1992 WL 55250 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We reverse and remand with directions to vacate the sentence that was imposed on resentencing on count IV, and resentence appellant on count IV to a sentence of no more than 15 years in prison, to run concurrently with the 25-year concurrent sentences in counts I through III. See Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983) (increase of lawful sentence prohibited); Wilhelm v. State, 543 So.2d 434 (Fla. 2d DCA 1989) (court may correct illegal sentence at any time but may not modify facially legal sentence on another count); [310]*310Pelfrey v. State, 409 So.2d 486 (Fla. 5th DCA 1981) (error, if any, in sentence contrary to plea bargain was in defendant’s favor and more severe sentence could not be imposed on remand); Peyton v. State, 383 So.2d 737 (Fla. 3d DCA 1980) (excessive sentence is unlawful only to the extent of its excess).

Additionally, the final judgment should be corrected to reflect that appellant was adjudicated guilty of “attempted” sexual battery rather than sexual battery, in counts I through III.

REVERSED and REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

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PER CURIAM.

We reverse and remand with directions to vacate the sentence that was imposed on resentencing on count IV, and resentence appellant on count IV to a sentence of no more than 15 years in prison, to run concurrently with the 25-year concurrent sentences in counts I through III. See Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983) (increase of lawful sentence prohibited); Wilhelm v. State, 543 So.2d 434 (Fla. 2d DCA 1989) (court may correct illegal sentence at any time but may not modify facially legal sentence on another count); [310]*310Pelfrey v. State, 409 So.2d 486 (Fla. 5th DCA 1981) (error, if any, in sentence contrary to plea bargain was in defendant’s favor and more severe sentence could not be imposed on remand); Peyton v. State, 383 So.2d 737 (Fla. 3d DCA 1980) (excessive sentence is unlawful only to the extent of its excess).

Additionally, the final judgment should be corrected to reflect that appellant was adjudicated guilty of “attempted” sexual battery rather than sexual battery, in counts I through III.

REVERSED and REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

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Bluebook (online)

595 So. 2d 309, 1992 Fla. App. LEXIS 2811, 1992 WL 55250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vazquez-v-state-fladistctapp-1992.

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