Wright v. State

District Court of Appeal of Florida

Wright v. State

750 So. 2d 725, 2000 Fla. App. LEXIS 446, 2000 WL 51828

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 2000

DocketNo. 1D99-1545

StatusPublished

This text of 750 So. 2d 725 (Wright 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

Wright v. State, 750 So. 2d 725, 2000 Fla. App. LEXIS 446, 2000 WL 51828 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Michael Wright appeals his convictions and sentences for aggravated assault with a firearm (Count I) and shooting into a vehicle (Count II). We affirm his convictions but vacate the sentence on Count I and remand this case for resentencing as to that offense.

The trial court sentenced Wright to six years in prison on each count, with the sentences to run concurrently. According to the Criminal Punishment Code Score-sheet in the record, Wright’s lowest permissible sentence under the code is 19.8 months and, thus, does not exceed the statutory maximum. Therefore, Wright’s sentence on Count I is illegal because aggravated assault with a firearm is a third degree felony, punishable by a maximum of five years in prison. See §§ 775.082(3)(d), 784.021(1), Fla. Stat. (1997); Davis v. State, 661 So.2d 1193, 1196 (Fla.1995). Accordingly, we vacate the sentence on Count I and remand for resentencing.

AFFIRMED in part, VACATED in part, and REMANDED with directions.

KAHN, BENTON, JJ. and DOUGLASS B. SHIVERS, Senior Judge, CONCUR.

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PER CURIAM.

Michael Wright appeals his convictions and sentences for aggravated assault with a firearm (Count I) and shooting into a vehicle (Count II). We affirm his convictions but vacate the sentence on Count I and remand this case for resentencing as to that offense.

The trial court sentenced Wright to six years in prison on each count, with the sentences to run concurrently. According to the Criminal Punishment Code Score-sheet in the record, Wright’s lowest permissible sentence under the code is 19.8 months and, thus, does not exceed the statutory maximum. Therefore, Wright’s sentence on Count I is illegal because aggravated assault with a firearm is a third degree felony, punishable by a maximum of five years in prison. See §§ 775.082(3)(d), 784.021(1), Fla. Stat. (1997); Davis v. State, 661 So.2d 1193, 1196 (Fla.1995). Accordingly, we vacate the sentence on Count I and remand for resentencing.

AFFIRMED in part, VACATED in part, and REMANDED with directions.

KAHN, BENTON, JJ. and DOUGLASS B. SHIVERS, Senior Judge, CONCUR.

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Bluebook (online)

750 So. 2d 725, 2000 Fla. App. LEXIS 446, 2000 WL 51828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-state-fladistctapp-2000.

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