Florida District Courts of Appeal, 1987

Wilson v. State

Florida District Courts of Appeal · Decided January 23, 1987 · Frank, Lehan, Schoonover

502 So. 2d 950; 12 Fla. L. Weekly 342; 1987 Fla. App. LEXIS 6402 (Southern Reporter, Second Series)

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

In his motion for postconviction relief Wilson maintains that his five concurrent *95175-year sentences imposed for sexual battery by threat of retaliation, a felony of the first degree under section 794.011(4)(c), Florida Statutes (1985), are excessive. We remand this case to the trial court with directions either to correct the sentences or to attach sufficient portions of the record to demonstrate that Wilson is not entitled to relief. The order denying Wilson’s motion for postconviction relief otherwise is affirmed.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.

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