Florida District Courts of Appeal, 2003

Gathers v. State

Gathers v. State
Florida District Courts of Appeal · Decided August 21, 2003 · Allen, Barfield, Ervin
852 So. 2d 929; 2003 Fla. App. LEXIS 12525; 2003 WL 21980391 (Southern Reporter, Second Series)

Gathers v. State

Opinion of the Court

PER CURIAM.

The appellant challenges sentences which were imposed for two counts of resisting arrest with violence. These are third degree felonies, for which a five year maximum term of imprisonment is allowed. § 848.01; § 775.082(3)(d), Fla. Stat. The concurrent fifteen year terms of imprisonment imposed for these offenses are illegal sentences, exceeding the maximum allowed by law. The appellant’s sentences are therefore vacated, and the case is remanded for resentencing.

ERVIN, BARFIELD and ALLEN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.