WILLIAM LEE TAYLOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal by the defendant, William Lee Taylor, from an order denying his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the State’s proper confession of error, we reverse part of the order appealed from and remand for resentencing within the legal maximum.
The defendant was sentenced in count II of the information for kidnapping with a firearm, a life felony. § 775.087, Fla. Stat. (1983). As the felony was committed after October 1, 1983, the court was limited in sentencing the defendant to life or a term of imprisonment not exceeding forty years. § 775.082(3)(a), Fla. Stat. (1983). However, the court sentenced the defendant to one hundred thirty-four years. Therefore, we reverse the sentence imposed under count II and remand for resentencing consistent with the legal maximum. See Cromartie v. State, 645 So. 2d 598 (Fla. 3d DCA 1994). In all other respects, however, we affirm the order under review.
Affirmed in part; reversed in part and remanded.
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Taylor v. State, 745 So. 2d 341 (Fla. 3d DCA 1999)…was convicted of kid- [*342] naping as charged in Count II of the Information filed against him by the State of Florida. He was originally sentenced to serve one hundred thirty four (134) years in the State prison for this crime. In Taylor v. State, 701 So. 2d 1215 (Fla. 3d DCA 1997), this Court reversed that sentence because the crime had been committed after October 1, 1983, and the trial court was therefore limited in sentencing the defendant to life imprisonment or a term of imprisonment not exceeding fort…
Authorities Cited
- Emile Dorta v. Dorta, 645 So. 2d 598 (Fla. 3d DCA 1994)