Pearson v. State
Cases that cite this one
2 later published cases cite this decision.
- Weeks v. State (Fla. Dist. Ct. App. 1997)
- Blythe v. State (Fla. Dist. Ct. App. 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In Pearson v. State, 410 So.2d 598 (Fla. 1st DCA 1982), this court held that Pearson’s thirty-year sentence for attempted burglary of an occupied dwelling with intent to commit assault exceeded the statutory maximum for that crime. Pearson now alleges, by way of a motion to correct illegal sentence, that the fifteen-year sentence for that crime which the trial court imposed on resentencing still exceeds the statutory maximum. We agree.
Attempted burglary of an occupied dwelling with intent to commit assault is a third-degree felony. § 810.02(3), § 777.04(4)(e), Fla.Stat. (1979). The maximum sentence for a third-degree felony is five years. Accordingly, we reverse the trial court’s denial of Pearson’s Rule 3.800 motion, vacate his illegal sentence, and direct the trial court to impose a legal sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.