OSCAR LOPEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
OSCAR LOPEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
614 So. 2d 42
Florida District Court of Appeal, Third District (1993)
Opinion of the Court
PER CURIAM.
The State correctly concedes that the defendant was improperly sentenced to 17 years each on Count III (shooting into an occupied building) and Count V (unlawful display of a firearm during the commission of a felony). The maximum sentence for each of these offenses is 15 years. §§ 775.082(3)(c), 790.07(2), 790.19, Fla.Stat. (1989); Gilbert v. State, 484 So. 2d 651 (Fla. 3d DCA 1986); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). Accordingly, the sentences on Counts III and V are reversed, and this case is remanded for resentencing as to those Counts only. The defendant’s convictions, as well as his sentences on the remaining Counts, are otherwise affirmed.
Affirmed in part; reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981)
- Gilbert v. State, 484 So. 2d 651 (Fla. 3d DCA 1986)