LAWERENCE J. VICKERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges the legality of his sentence. Pursuant to remand in Vickers v. State, 875 So. 2d 1288 (Fla. 5th DCA 2004), the trial court resentenced Appellant in numerous cases. We reject Appellant’s challenges except as to the sentences in Case No. 02-M82. In that case, although the record is not clear, it appears that Appellant might have received an illegal sentence on Count II, a third-degree felony. Even though Appellant was sentenced as an HFO on that count, the total sentence appears to exceed ten years. Upon remand, the trial court may either resen-tence Appellant on both counts in Case No. 02^482 or provide further record support that the sentence on Count II does not exceed ten years. See Ellis v. State, 869 So. 2d 52 (Fla. 5th DCA 2004).
REVERSED in part; REMANDED.
SAWAYA, ORFINGER and TORPY, JJ., concur.
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Citator
Cited By
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Vickers v. State, 967 So. 2d 1060 (Fla. 5th DCA 2007)…Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005); see also § 944.279(1), Fla. Stat. (2006). In his fourth claim, Vickers appears to allege that the sentence he received on resentencing in accordance with our mandate in Vickers v. State, 935 So. 2d 1286 (Fla. 5th DCA 2006) (“Vickers IV”), on count II in ease number 2002-CF-482, failed to include the HFO designation. He claims that the sentence is illegal because it exceeds the five-year maximum penalty for a third-degree felony without the HFO enha…
Authorities Cited
- Ellis v. State, 869 So. 2d 52 (Fla. 5th DCA 2004)
- Vickers v. State, 875 So. 2d 1288 (Fla. 5th DCA 2004)