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Rucker v. State

District Court of Appeal of Florida, Fourth District
Jan 4, 1990
553 So. 2d 212 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-2777.

November 1, 1989. Rehearing Denied January 4, 1990.

Appeal from the Circuit Court, Broward County, Mel Grossman, J.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.


The appellant was found guilty of armed robbery. The judgment indicates incorrectly that this is a life felony when it is, in fact, a first degree felony. § 812.13(1), (2)(a), Fla. Stat. (1989). We remand for correction of this and of the 450 year sentence imposed. Section 775.082(3)(b), Florida Statutes (1987), provides that the penalty for a felony of the first degree is "a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment." Thus, the sentence imposed upon remand should be for a sentence not exceeding life or a sentence not exceeding 30 years. See Golden v. State, 509 So.2d 1149, 1152 n. 1 (Fla. 1st DCA 1987).

The state concedes that the court erred in assessing costs without announcing the same in open court. Mays v. State, 519 So.2d 618 (Fla. 1988). We remand for a hearing. Ivey v. State, 519 So.2d 648 (Fla. 4th DCA 1988).

We find no error in any of the other points on appeal.

AFFIRMED IN PART; REVERSED IN PART.

DOWNEY, LETTS and POLEN, JJ., concur.


Summaries of

Rucker v. State

District Court of Appeal of Florida, Fourth District
Jan 4, 1990
553 So. 2d 212 (Fla. Dist. Ct. App. 1990)
Case details for

Rucker v. State

Case Details

Full title:ROBERT RUCKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 4, 1990

Citations

553 So. 2d 212 (Fla. Dist. Ct. App. 1990)