JEROME BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm Brown’s sentences in all regards, except for his sentence of 27 years for robbery imposed in case number 91-8165. Brown was orally sentenced by the judge to 17 years for this crime, at the sentencing hearing. Both sentences exceed the statutory maximum penalty for second degree felonies. § 775.082, Fla.Stat. (1991). Accordingly, we correct the sentence imposed by changing it to 15 years, the maximum sentence possible under the statute.
AFFIRMED as Corrected.
W. SHARP and PETERSON, JJ., concur. DAUKSCH, J., dissents, with opinion.
DAUKSCH, Judge,
dissenting.
I respectfully dissent.
Appellant was given an illegal sentence. The proper remedy for that is to vacate the sentence and require a new sentencing proceeding. In my opinion it is only when such errors as misstatements or clerical errors are made that this court should change the sentence to one which is lawful. This is not such a case; even though the state concedes the error and requests this court to set the sentence, I would vacate the sentence and remand for the sentencing to be done again.
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Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002)…endere plea in August 1992, and his sentences in ten different cases encompassing twelve counts, as a violent habitual offender. He appealed and, in December 1993, this court corrected a sentence in one case and affirmed the balance. Brown v. State, 627 So. 2d 624 (Fla. 5th DCA 1993), rev. dismissed, 634 So. 2d 622 (Fla.1994). He then filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, attacking his sentences on three bases. First, he claimed that the trial court erred in imposing an habitua…
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Wardell v. State, 631 So. 2d 1130 (Fla. 5th DCA 1994)…ell was originally convicted of the second-degree felony of burglary of a dwelling as opposed to the third-degree felony of resisting an officer with violence. See Drumwright v. State, 572 So. 2d 1029 (Fla. 5th DCA 1991). See also Barriner v. State, 627 So. 2d 624 (Fla. 5th DCA 1993). However, we must vacate the trial court’s order which placed Wardell on probation for an additional five years for the third-degree felonies of resisting arrest with violence (case number 91-1204) and burglary of a structure a…