Vazquez v. State
Vazquez v. State
Opinion of the Court
We reverse and remand with directions to vacate the sentence that was imposed on resentencing on count IV, and resentence appellant on count IV to a sentence of no more than 15 years in prison, to run concurrently with the 25-year concurrent sentences in counts I through III. See Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983) (increase of lawful sentence prohibited); Wilhelm v. State, 543 So.2d 434 (Fla. 2d DCA 1989) (court may correct illegal sentence at any time but may not modify facially legal sentence on another count);
Additionally, the final judgment should be corrected to reflect that appellant was adjudicated guilty of “attempted” sexual battery rather than sexual battery, in counts I through III.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.