Florida District Courts of Appeal, 2001

Tate v. State

Tate v. State
Florida District Courts of Appeal · Decided February 21, 2001 · Goderich, Jorgenson, Shevin
778 So. 2d 486; 2001 Fla. App. LEXIS 1770; 2001 WL 167001 (Southern Reporter, Second Series)

Tate v. State

Opinion of the Court

PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Defendant properly asserts that his sentences exceed the five-year statutory maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial court shall resentence defendant within the five-year statutory maximum on each count. The remaining point in defendant’s motion lacks merit.

Reversed and remanded.

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