WILLIE EUGENE FEIMSTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIE EUGENE FEIMSTER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
706 So. 2d 1361
Florida District Court of Appeal, Third District (1997)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Upon the State’s proper confession of error, we reverse the appellant’s twenty-seven year sentence for attempted second degree murder as being illegal in that it exceeds the statutory maximum sentence for this offense. Attempted second degree murder is a second degree felony for which the maximum sentence is fifteen years. See § 777.04(4)(c), § 782.04(2), Fla. Stat. (1991); § 775.082(3)(c), Fla. Stat. (1991). We therefore remand this cause for resentencing.
Reversed and remanded.
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State v. Thompson, 735 So. 2d 482 (Fla. 1999)…SHAW, J. We have for review Thompson v. State, 706 So. 2d 1361 (Fla. 2d DCA 1998), wherein the district court acknowledged conflict with Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Thompson. Based on an incident that took place February 2…
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Bryant v. State, 712 So. 2d 781 (Fla. 2d DCA 1998)…Nelson. See also Jones v. State, 658 So. 2d 122 (Fla. 2d DCA 1995). Finally, Bryant correctly argues that the trial court failed to determine whether he understood the consequences of habitualization before entering his pleas. In Thompson v. State, 706 So. 2d 1361 (Fla. 2d DCA 1998), this court vacated a habitual felony offender sentence pursuant to Ashley v. State, 614 So. 2d 486, 490 n. 8 (Fla.1993), where the plea colloquy was identical to the plea colloquy in this case. See Thompson, 706 So. 2d at 1363.…
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Joyce v. State, 713 So. 2d 1053 (Fla. 2d DCA 1998)…rt’s failure to follow the procedure in Ashley v. State, 614 So. 2d 486 (Fla.1993), is not cognizable on direct appeal, citing Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997). We have acknowledged conflict with Williams. See Thompson v. State, 706 So. 2d 1361, 1362 n. 1 (Fla. 2d DCA 1998).…
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