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.