Florida District Courts of Appeal, 1990

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided August 22, 1990 · Campbell, Scheb, Schoonover
565 So. 2d 896; 1990 Fla. App. LEXIS 6443; 1990 WL 121776 (Southern Reporter, Second Series)

Allen v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s conviction of robbery with a weapon pursuant to Section 812.13(2)(b), Florida Statutes (1987). We set aside the forty-year sentence imposed as it exceeds the statutory maximum, even though it is within the sentencing guidelines range. The maximum sentence for this crime is thirty years. § 775.082(3)(b), Fla.Stat. (1987).

On the record before us, we note that the defendant was not sentenced as an habitual offender. Therefore, the sentence is reversed and the cause remanded for resen-tencing to thirty years’ imprisonment. The defendant does not have to be present at such resentencing.

SCHOONOVER, C.J., and SCHEB and CAMPBELL, JJ., concur.

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