Summary
holding sentence of thirty-five years in prison with ten years' probation for second-degree murder is within the statutory maximum under 1997 statutes
Summary of this case from Olive v. StateOpinion
No. 4D09-2892.
June 9, 2010.
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mily Rodriguez-Powell, Judge; L.T. Case No. 98-16736 CF10A.
Willie Monroe, Miami, pro se.
No response required for appellee.
Affirmed. Appellant's sentence of thirty-five years in prison with ten years probation for second degree murder is not illegal, as the statutory maximum is thirty years to life. See §§ 782.04(2), 775.082(3)(b), Fla. Stat. (1997); see also Mills v. State, 642 So.2d 15 (Fla. 4th DCA 1994) (affirming a fifty year sentence for second degree murder).
WARNER, DAMOORGIAN and LEVINE, JJ., concur.