Dixon v. State
Florida District Courts of Appeal
Dixon v. State, 670 So. 2d 92 (1996)
1996 Fla. App. LEXIS 4013; 1996 WL 142560
Barkdull, Nesbitt, Schwartz
Dixon v. State
Opinion of the Court
Affirmed.
070rehearing
On Motion for Rehearing
The appellant’s motion for rehearing is granted. We vacate the sentence imposed and remand for resentencing. In 1991 appellant pleaded nolo contendere to strong arm robbery, a second degree felony. § 812.13(1), (2)(c), Fla.Stat. (1989); See Gilyard v. State, 636 So.2d 134, 135 & n. 3 (Fla. 2d DCA 1994), approved, 653 So.2d 1024 (Fla. 1995). Under section 775.082(3)(c), Florida Statutes (1989), a second degree felony is subject to a maximum term of imprisonment of 15 years. Thus, appellant’s sentence of 17 years, while within the guidelines, im-permissibly “exceeds the maximum sentence provided by statute for that offense.” Rosa-Sanchez v. State, 561 So.2d 25 (Fla. 3d DCA 1990).
Remanded for resentencing.
Reference
- Full Case Name
- Darren DIXON v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published