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Wilcox v. State

District Court of Appeal of Florida, Third District
Jan 17, 2007
947 So. 2d 627 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D06-699.

January 17, 2007.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Israel Reyes, Judge.

Jessie Wilcox, in proper person.

Bill McCollum, Attorney General, and Juliet S. Fattel, Assistant Attorney General, for appellee.

Before RAMIREZ, SUAREZ, and LAGOA, JJ.


The defendant appeals the trial court's order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The lower court attempted to address the problems with the defendant's sentence below by entering corrected sentences. However, the State concedes that the defendant's thirty-five-year sentences with fifteen-year minimum mandatory terms for second-degree; felonies exceed the maximum sentences permitted by statute. § 775.084(4)(b)2, Fla. Stat. (1989). We therefore reverse and remand for the trial court to correct the portions of the defendant's sentence that exceed the statutory maximum.

Reversed and remanded for further proceedings.


Summaries of

Wilcox v. State

District Court of Appeal of Florida, Third District
Jan 17, 2007
947 So. 2d 627 (Fla. Dist. Ct. App. 2007)
Case details for

Wilcox v. State

Case Details

Full title:Jessie WILCOX, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 17, 2007

Citations

947 So. 2d 627 (Fla. Dist. Ct. App. 2007)