Florida District Courts of Appeal, 1998

Blythe v. State

Blythe v. State
Florida District Courts of Appeal · Decided January 27, 1998 · Lawrence, Mickle, Miner
705 So. 2d 128; 1998 Fla. App. LEXIS 564; 1998 WL 25493 (Southern Reporter, Second Series)

Blythe v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of the order which denied his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm as to the victim injury assessment argument. However, the concurrent 17 year sentences imposed for the second degree felony charges exceed the statutory maximum of 15 years. § 775.082(3)(c), Fla. Stat. (1993). Accordingly, we reverse and remand for resentencing. Pearson v. State, 660 So.2d 406 (Fla. 1st DCA 1995). Appellant need not be present for resentencing.

MINER, MICKLE and LAWRENCE, JJ., concur.

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