Florida District Courts of Appeal, 2013

Prater v. State

Florida District Courts of Appeal · Decided May 22, 2013 · Black, Davis, Kelly

113 So. 3d 147; 2013 WL 2233987; 2013 Fla. App. LEXIS 8120 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Cortez Hatten v. State of Florida (Fla. 2016)
Hatten v. State (Fla. Dist. Ct. App. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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. *148State, 48 So.3d 740, 742 (Fla. 2010); Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010).

Reversed and remanded.

DAVIS, KELLY, and BLACK, JJ., Concur.

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