Feimster v. State

Florida District Courts of Appeal July 23, 1997

Feimster v. State, 706 So. 2d 1361 (1997)

1997 Fla. App. LEXIS 8429; 1997 WL 410401

Cope, Green, Sorondo

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.

Reference

Full Case Name: Willie Eugene FEIMSTER v. The STATE of Florida
Cited By: 1 case
Status: Published