DARRELL LLOYD PEARCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARRELL LLOYD PEARCE, APPELLANT,
STATE OF FLORIDA, APPELLEE
578 So. 2d 43
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kerr v. State, 591 So. 2d 1062 (Fla. 2d DCA 1991)…nses predated the effective date of the sentencing guidelines and he did not affirmatively elect guidelines sentencing. If this allegation is true, then Kerr may be entitled to relief. See Smith v. State, 537 So. 2d 982 (Fla.1989); Benitez v. State, 578 So. 2d 43 (Fla.2d DCA 1991); Blackwelder v. State, 570 So. 2d 1027 (Fla. 2d DCA 1990). The trial court’s attachment to the denial does not conclusively refute Kerr’s allegation. Accordingly, we reverse this part of the order denying Kerr’s motion and remand…
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Fuller v. State, 591 So. 2d 269 (Fla. 2d DCA 1991)…PER CURIAM. We reverse the order in appeal number 91-02525 that denied appellant’s motion to correct an illegal sentence and remand for resentencing in accordance with Smith v. State, 537 So. 2d 982 (Fla.1989); Benitez v. State, 578 So. 2d 43 (Fla. 2d DCA 1991); Blackwelder v. State, 570 So. 2d 1027 (Fla. 2d DCA 1990); Wahl v. State, 543 So. 2d 299 (Fla. 2d DCA), review denied, 551 So. 2d 463 (Fla.1989); and Robinson v. State, 591 So. 2d 266 (Fla. 4th DCA 1991). The fact that defendant t…
Authorities Cited
- Richardson v. State, 473 So. 2d 26 (Fla. 2d DCA 1985)