Prater v. State
Florida District Courts of Appeal
Prater v. State, 113 So. 3d 147 (2013)
2013 WL 2233987; 2013 Fla. App. LEXIS 8120
Black, Davis, Kelly
Prater v. State
Opinion of the Court
For the reasons expressed in Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013), also issued on this date, we reverse the order of the postconviction court and remand for resentencing. Prater’s forty-year sentence, on which only a twenty-five-year minimum mandatory term was imposed, impermissibly exceeds the thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore illegal. See McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); see also Mendenhall v.
Reversed and remanded.
Reference
- Full Case Name
- Robert PRATER v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published