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Walker v. State

697 So. 2d 1012, 1997 Fla. App. LEXIS 9191, 1997 WL 461194
Procedural entryThis page is a short order in Walker v. State. Read the opinion of the Court — 656 So. 2d 950 →
District Court of Appeal of Florida·Decided August 13, 1997·No. No. 96-3579·Published

Opinion

PER CURIAM.

We affirm the sentence on case number 95-9146 in all respects. In case number 96-9946, however, we reverse and remand with directions that defendant be re-sentenced within the guidelines. The 16 year imprisonment imposed in that case is illegal because the sentence is well beyond the five year maximum allowed for a third degree felony under section 775.083, Florida Statutes (1995). See Cayson v. State, 638 So.2d 1061 (Fla. 4th DCA 1994) (a sentence in excess of the maximum allowed by law will not be enforced even with a plea agreement).

CASE NO. 95-9146 AFFIRMED; CASE NO. 96-9946 REVERSED.

WARNER, FARMER and PARIENTE, JJ., concur.

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Walker v. State, 697 So. 2d 1012, 1997 Fla. App. LEXIS 9191, 1997 WL 461194 (Fla. Ct. App. 1997).

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Related

Cayson v. State
638 So. 2d 1061 (District Court of Appeal of Florida, 1994)