Florida District Courts of Appeal, 2003

Rivera v. State

Rivera v. State
Florida District Courts of Appeal · Decided April 23, 2003 · Cope, Fletcher, Shevin
843 So. 2d 348; 2003 Fla. App. LEXIS 5683; 28 Fla. L. Weekly Fed. D 1041 (Southern Reporter, Second Series)

Rivera v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence to the extent that it denies re-sentencing on the third-degree felony convictions. As the state properly concedes, the sentences imposed on those convictions impermissi-bly exceed the maximum sentence of ten years. § 775.084(4)(a), Fla. Stat. (1999). Accordingly, on remand, the court shall re-sentence defendant to ten years on the third degree felony convictions in case nos. 99-35063 and 99-35077. Defendant need not be present for re-sentencing.

Affirmed in part; reversed in part, and remanded.

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