Wise v. State

District Court of Appeal of Florida

Wise v. State

576 So. 2d 428, 1991 Fla. App. LEXIS 2294, 1991 WL 35878

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1991

DocketNo. 88-2832

StatusPublished

Cited by1 cases

This text of 576 So. 2d 428 (Wise 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

Wise v. State, 576 So. 2d 428, 1991 Fla. App. LEXIS 2294, 1991 WL 35878 (Fla. Ct. App. 1991).

Pincite

Opinion

[429]*429ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s motion for rehearing, withdraw our earlier opinion and substitute the following:

We affirm the conviction for burglary of a dwelling with intent to commit assault pursuant to section 810.02(2)(a), Florida Statutes (Supp.1990). We reverse the sentence imposed on the burglary count and remand for resentencing. It is error for the trial court to sentence the appellant for the enhanced burglary charge without a jury finding that the assault occurred. State v. Overfelt, 457 So.2d 1385 (Fla.1984).

We affirm the conviction for three counts of sexual battery pursuant to section 794.-011(4)(b). However, the state concedes that the trial court erred in sentencing the appellant in excess of the statutory maximum sentence of imprisonment for a period not to exceed thirty years. Thus, we reverse the sentences imposed on the sexual battery counts and remand for resentenc-ing on those counts.

REVERSED AND REMANDED FOR RESENTENCING.

GLICKSTEIN, GUNTHER and STONE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI