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Feimster v. State

District Court of Appeal of Florida, Third District
Jul 23, 1997
706 So. 2d 1361 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-187.

Opinion filed July 23, 1997.

An appeal from the Circuit Court for Dade County, Ronald Dresnick, Judge.

John T. Balikes, for appellant.

Robert A. Butterworth, Attorney General and Keith S. Kromash, Assistant Attorney General, for appellee.

Before COPE, GREEN, and SORONDO, JJ.


CONFESSION OF ERROR

Upon the State's proper confession of error, we reverse the appellant's twenty-seven year sentence for attempted second degree murder as being illegal in that it exceeds the statutory maximum sentence for this offense. Attempted second degree murder is a second degree felony for which the maximum sentence is fifteen years. See § 777.04(4)(c), § 782.04(2), Fla. Stat. (1991); § 775.082(3)(c), Fla. Stat. (1991). We therefore remand this cause for resentencing.

Reversed and remanded.


Summaries of

Feimster v. State

District Court of Appeal of Florida, Third District
Jul 23, 1997
706 So. 2d 1361 (Fla. Dist. Ct. App. 1997)
Case details for

Feimster v. State

Case Details

Full title:WILLIE EUGENE FEIMSTER, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 23, 1997

Citations

706 So. 2d 1361 (Fla. Dist. Ct. App. 1997)