Florida District Courts of Appeal, 1996

Lovelace v. State

Lovelace v. State
Florida District Courts of Appeal · Decided November 13, 1996 · Cope, Goderich, Shevin
682 So. 2d 701; 1996 Fla. App. LEXIS 11989; 1996 WL 661767 (Southern Reporter, Second Series)

Lovelace v. State

Opinion of the Court

PER CURIAM.

Winfred Lovelace appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The state concedes that the defendant’s 35-year sentence on count 2, the second-degree felony of attempted armed robbery, exceeds the legal maximum of 15 years. We reverse the order under review and remand for correction of the sentence on count 2. Defendant need not be present. We do not disturb the mandatory minimum sentence, nor do we find any merit in the defendant’s other claims.

Affirmed in part, reversed in part, and remanded for correction of sentence on count 2.

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