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Green v. State

District Court of Appeal of Florida, Second District
Feb 18, 1987
502 So. 2d 999 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-192.

February 18, 1987.

Appeal from the Circuit Court for Manatee County, Thomas M. Gallen, J.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


Appellant has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). While we find no meritorious grounds for reversal of his convictions for escape, battery on a law enforcement officer, resisting arrest without violence, and trespass, a sentencing error requires us to remand this case for resentencing on one of the offenses.

Appellant was sentenced to seven years' imprisonment on the battery of a law enforcement officer conviction. This is a third degree felony; thus, the sentence exceeds the statutory maximum of five years. See §§ 784.07 and 775.082(3)(d), Fla. Stat. (1985).

Consequently, we affirm appellant's convictions and other sentences and remand for resentencing for battery on a law enforcement officer.

DANAHY, C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.


Summaries of

Green v. State

District Court of Appeal of Florida, Second District
Feb 18, 1987
502 So. 2d 999 (Fla. Dist. Ct. App. 1987)
Case details for

Green v. State

Case Details

Full title:MILTON GREEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 18, 1987

Citations

502 So. 2d 999 (Fla. Dist. Ct. App. 1987)

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Hayes v. State

The sentence in Case No. 93-14171 is illegal. See Green v. State, 502 So.2d 999 (Fla. 2d DCA 1987). Although…