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James v. State

District Court of Appeal of Florida, Third District
Jan 31, 1996
666 So. 2d 1053 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2265.

January 31, 1996.

An Appeal from the Circuit Court for Dade County; Maynard Gross, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before NESBITT, COPE and GODERICH, JJ.


CONFESSION OF ERROR


As the appellee properly acknowledges, the trial court erred by imposing a combined split sentence of seven years on the defendant for each count, where the statutory maximum sentence of a third degree felony is five years. See § 775.082(3)(d), Fla. Stat. (1993).

The defendant's sentence is reversed and the cause remanded to the trial court for resentencing.


Summaries of

James v. State

District Court of Appeal of Florida, Third District
Jan 31, 1996
666 So. 2d 1053 (Fla. Dist. Ct. App. 1996)
Case details for

James v. State

Case Details

Full title:DERRICK GREGORY JAMES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 31, 1996

Citations

666 So. 2d 1053 (Fla. Dist. Ct. App. 1996)