Florida District Courts of Appeal, 1996

Dixon v. State

Florida District Courts of Appeal · Decided February 14, 1996 · No. 93-2035 · Barkdull, Nesbitt, Schwartz

670 So. 2d 92; 1996 Fla. App. LEXIS 4013; 1996 WL 142560 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Duhart v. State (Fla. Dist. Ct. App. 2001)
Prince v. Underhill (Fla. Dist. Ct. App. 1996)

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

PER CURIAM.

Affirmed.

070rehearing

On Motion for Rehearing

PER CURIAM.

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.

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