ROBERT RUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*213] PER CURIAM.
The appellant was found guilty of armed robbery. The judgment indicates incorrectly that this is a life felony when it is, in fact, a first degree felony. § 812.13(1), (2)(a), Fla.Stat. (1989). We remand for correction of this and of the 450 year sentence imposed. Section 775.082(3)(b), Florida Statutes (1987), provides that the penalty for a felony of the first degree is “a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.” Thus, the sentence imposed upon remand should be for a sentence not exceeding life or a sentence not exceeding 30 years. See Golden v. State, 509 So. 2d 1149, 1152 n. 1 (Fla. 1st DCA 1987).
The state concedes that the court erred in assessing costs without announcing the same in open court. Mays v. State, 519 So. 2d 618 (Fla.1988). We remand for a hearing. Ivey v. State, 519 So. 2d 648 (Fla. 4th DCA 1988).
We find no error in any of the other points on appeal.
AFFIRMED IN PART; REVERSED IN PART.
DOWNEY, LETTS and POLEN, JJ„ concur.
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Smith v. State, 555 So. 2d 946 (Fla. 5th DCA 1990)…eges, and appellee does not contest the issue, that costs were assessed against him without notice or an opportunity to be heard. That was error. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Rucker v. State, 553 So. 2d 212 (Fla. 4th DCA 1989). The order assessing costs is reversed. The conviction for armed robbery and the sentence are affirmed. AFFIRMED m part; REVERSED in part. DANIEL, C.J., and DAUKSCH and SHARP, JJ., concur.…
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Mills v. State, 642 So. 2d 15 (Fla. 4th DCA 1994)…0 So. 2d 1193 (Fla. 1st DCA 1994), the court noted an “apparent conflict” in decisions within this court concerning the interplay between section 775.-082(3)(b) and statutes which specifically permit sentences for a term of life. In Rucker v. State, 553 So. 2d 212 (Fla. 4th DCA 1989), rev. denied, 563 So. 2d 634 (Fla.1990), this court held that a sentence of 450 years was excessive and the maximum imprisonment for armed robbery, a first degree felony, was only thirty years. Section 812.13(2)(a), Florida Statu…
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Green v. State, 630 So. 2d 1193 (Fla. 1st DCA 1994)…trial court sentenced him to 60 years’ imprisonment for armed robbery, a first degree felony, contrary to the express provisions of sections 812.13(2)(a) and 775.-082(3)(b), Florida Statutes (1981). Appellant relies principally upon Rucker v. State, 553 So. 2d 212 (Fla. 4th DCA 1989), rev. denied, 563 So. 2d 634 (Fla.1990), in making this argument. Section 775.082(3)(b) provides that a first degree felony is punishable “by a term of imprisonment not exceeding 30 years or, when specifically provided by statut…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Golden v. State, 509 So. 2d 1149 (Fla. 1st DCA 1987)
- State v. Gillis, 519 So. 2d 648 (Fla. 5th DCA 1987)