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Allen v. State

District Court of Appeal of Florida, Second District
Aug 22, 1990
565 So. 2d 896 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-02726.

August 22, 1990.

Appeal from the Circuit Court for Pinellas County; Susan F. Schaeffer, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


We affirm the defendant's conviction of robbery with a weapon pursuant to Section 812.13(2)(b), Florida Statutes (1987). We set aside the forty-year sentence imposed as it exceeds the statutory maximum, even though it is within the sentencing guidelines range. The maximum sentence for this crime is thirty years. § 775.082(3)(b), Fla. Stat. (1987).

On the record before us, we note that the defendant was not sentenced as an habitual offender. Therefore, the sentence is reversed and the cause remanded for resentencing to thirty years' imprisonment. The defendant does not have to be present at such resentencing.

SCHOONOVER, C.J., and SCHEB and CAMPBELL, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District
Aug 22, 1990
565 So. 2d 896 (Fla. Dist. Ct. App. 1990)
Case details for

Allen v. State

Case Details

Full title:SAMUEL TURNER ALLEN A/K/A SAMUEL ALLEN TURNER, APPELLANT, v. STATE OF…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 22, 1990

Citations

565 So. 2d 896 (Fla. Dist. Ct. App. 1990)