Florida District Courts of Appeal, 2000

Girard v. State

Girard v. State
Florida District Courts of Appeal · Decided February 18, 2000 · Blue, Davis, Fulmer
775 So. 2d 311; 2000 Fla. App. LEXIS 1456; 2000 WL 192137 (Southern Reporter, Second Series)
Girard v. State

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Opinion of the Court

PER CURIAM.

Darren Lee Girard challenges the habitual offender sentences imposed on twelve third-degree felony counts. He correctly claims that the thirty-year terms exceed the maximum habitual offender sentence allowed for a third-degree felony. See § 775.084(4)(a)3, Fla. Stat. (1995).

Accordingly, we reverse the sentences imposed on the third-degree felony counts and remand with directions to the trial court to correct the sentences to reflect the maximum habitual offender sentences, to-wit, ten years. Girard’s presence is not required for this correction.

BLUE, A.C.J, and FULMER and DAVIS, JJ, Concur.

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