Cito v. State

Florida District Courts of Appeal
Cito v. State, 150 So. 3d 829 (2014)
2014 Fla. App. LEXIS 16960; 2014 WL 5304962
Black, Silberman, Kelly

Cito v. State

Opinion

BLACK, Judge.

Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We af *830 firm the remaining issues raised on appeal without comment.

Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, á second-degree felony. See § 790.15(2), Fla. Stat. (2006). The offense is punishable by up to fifteen years’ imprisonment. See § 775.082(3)(c), Fla. Stat. (2006). However, the trial court imposed a twenty-year sentence for this offense; this sentence is illegal. Therefore, we remand for resentencing as to this count.

Affirmed in part, reversed in part, and remanded.

SILBERMAN and KELLY, JJ., Concur.

Reference

Full Case Name
Vito Paul CITO, Appellant, v. STATE of Florida, Appellee
Cited By
1 case
Status
Published