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