Gallagher v. State
Gallagher v. State
Opinion of the Court
Appellant argues, and the state concedes, that the trial court erred in imposing a fifteen-year sentence for the offense of false imprisonment. Appellant was not charged with carrying a weapon during the commission of this offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also adjudged a habitual offender, a finding which he does not contest on appeal, the maximum permissible sentence is ten years. § 775.084(4)(a)(3), Fla.Stat. (1987). Appellant need not be present at resentenc-ing. The conviction is otherwise affirmed, as are appellant’s conviction and life sentence for armed robbery.
Affirmed in part, reversed in part, and remanded with instructions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.