Carter v. State

Full title: DONALD BRUCE CARTER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 22, 1998

709 So. 2d 657 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-3131

Opinion filed May 22, 1998

Appeal from the Circuit Court for Seminole County, O. H. Eaton, Jr., Judge.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Carter was convicted of second degree murder and sentenced to thirty years in prison. We affirm the conviction, but Harris v. State, 685 So.2d 1282 (Fla. 1996), limits the maximum sentence to twenty-two years. We remand for resentencing.

AFFIRMED in part; REVERSED in part and REMANDED.

COBB and SHARP, W., JJ., concur.