Florida District Courts of Appeal, 1997

Feimster v. State

Florida District Courts of Appeal · Decided July 23, 1997 · Cope, Green, Sorondo

706 So. 2d 1361; 1997 Fla. App. LEXIS 8429; 1997 WL 410401 (Southern Reporter, Second Series)

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Upon the State’s proper confession of error, we reverse the appellant’s twenty-seven year sentence for attempted second degree murder as being illegal in that it exceeds the statutory maximum sentence for this offense. Attempted second degree murder is a second degree felony for which the maximum sentence is fifteen years. See § 777.04(4)(c), § 782.04(2), Fla. Stat. (1991); § 775.082(3)(c), Fla. Stat. (1991). We therefore remand this cause for resentencing.

Reversed and remanded.

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