Cito v. State
Cases that cite this one
1 later published case cites this decision.
- Vito Paul Cito, III v. Secretary, Department of Corrections (11th Cir. 2022)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.