Florida District Courts of Appeal, 2010

Lockett v. State

Lockett v. State
Florida District Courts of Appeal · Decided December 30, 2010 · Jacobus, Palmer, Torpy
50 So. 3d 793; 2010 Fla. App. LEXIS 20135; 2010 WL 5391537 (Southern Reporter, Third Series)

Lockett v. State

Opinion of the Court

PER CURIAM.

We affirm as to all points raised by Appellant for the reasons stated by Appel-lee. We note one error on the face of the record that necessitates correction. Appellant was sentenced to eleven months and twenty-nine days on count 3, a second-degree misdemeanor, which exceeds the statutory maximum for that offense. We therefore reverse the sentence on that count and remand for the imposition of a sixty-day sentence. § 775.082(4)(b), Fla. Stat. (2009). Appellant need not be present when the new sentence is imposed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

PALMER, TORPY and JACOBUS, JJ., concur.

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