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Tippett v. State

District Court of Appeal of Florida, Second District
Aug 30, 1994
641 So. 2d 908 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-00207.

July 6, 1994. Rehearing Denied August 30, 1994.

Petition for Writ of Habeas Corpus.

Arthur John Tippett, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for respondent.


In his petition for writ of habeas corpus, the petitioner alleges ineffective assistance of appellate counsel and seeks relief from his four concurrent twenty-five-year prison terms. Only one ground has merit: two of the four sentences exceed the statutory maximum for the second degree felonies of aggravated battery and attempted sexual battery. See §§ 784.045, 794.011(3), 775.082(3)(c), Fla. Stat. (1987). Accordingly, we vacate only the sentences for those two crimes and remand for imposition of no more than the statutory maximum on each of those offenses.

Petition granted in part and denied in part.

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


Summaries of

Tippett v. State

District Court of Appeal of Florida, Second District
Aug 30, 1994
641 So. 2d 908 (Fla. Dist. Ct. App. 1994)
Case details for

Tippett v. State

Case Details

Full title:ARTHUR JOHN TIPPETT, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:District Court of Appeal of Florida, Second District

Date published: Aug 30, 1994

Citations

641 So. 2d 908 (Fla. Dist. Ct. App. 1994)