Pearce v. State

Full title: DARRELL LLOYD PEARCE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 17, 1991

578 So. 2d 43 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-03359.

April 17, 1991.

Appeal from the Circuit Court for Lee County; James R. Thompson, Judge.

James Marion Moorman, Public Defender, Bartow, and Frank W. Scott, Boynton Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the appellant's conviction for attempted sexual battery, but reverse and remand for resentencing because the trial court exceeded the statutory maximum of five years. See § 775.082(3)(d), Fla. Stat. (1987); Richardson v. State, 473 So.2d 26 (Fla. 2d DCA 1985).

SCHOONOVER, C.J., and RYDER and DANAHY, JJ., concur.