Florida District Courts of Appeal, 1996

Baldwin v. State

Baldwin v. State
Florida District Courts of Appeal · Decided January 3, 1996 · Patterson, Quince, Whatley
666 So. 2d 240; 1996 WL 1961 (Southern Reporter, Second Series)

Baldwin v. State

Opinion of the Court

BY ORDER OF

THE COURT:

Upon consideration of Appellant’s Motion for Rehearing, it is

ORDERED that the motion is granted, and the prior opinion filed October 18,1995 is withdrawn. The attached opinion is substituted therefore.

070rehearing

PER CURIAM.

Donald S. Baldwin seeks rehearing of our opinion which affirmed his sentence for the crime of second-degree murder with a firearm. Baldwin’s motion has merit and we withdraw our prior opinion and reverse and remand this case for resentencing. The sentencing transcript demonstrates that although Baldwin was initially sentenced to life imprisonment, suspended after twenty-five years, followed by life probation, that legal sentence was withdrawn later in the proceedings and Baldwin was then sentenced to a specified term of twenty-five years followed by life probation. Baldwin correctly asserts that such a sentence is illegal because it exceeds the statutory maximum of forty years. See, e.g., Keltner v. State, 650 So.2d 1066 (Fla. 2d DCA 1995); Dyer v. State, 629 So.2d 285 (Fla. 5th DCA 1993).

Accordingly, we reverse and remand this ease to the trial court for resentencing.

PATTERSON, A.C.J., and QUINCE and WHATLEY, JJ., concur.

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