Florida District Courts of Appeal, 1987

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided October 15, 1987 · Barfield, Joanos, Mills
513 So. 2d 1113; 12 Fla. L. Weekly 2425; 1987 Fla. App. LEXIS 10658 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Appellee filed a motion to relinquish jurisdiction so that the trial court could vacate appellant’s sentence and impose a sentence which did not exceed the statutory maximum. The only issue raised by appellant is the imposition of a sentence in excess of the statutory maximum. Therefore, the motion to relinquish jurisdiction is denied. See Hope v. State, 513 So.2d 217 (Fla. 1st DCA 1987).

Accordingly, appellant’s sentence is vacated and this cause is remanded for resen-tencing.

MILLS, JOANOS and BARFIELD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.