JESSIE WILCOX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-01-17
No. 3D06-699
Before RAMIREZ, SUAREZ, and LAGOA, JJ.
947 So. 2d 627 Florida District Court of Appeal, Third District (2007) Negative Treatment
Cited by 6 cases
Opinion of the Court
SUAREZ, J.

SUAREZ, J.

The defendant appeals the trial court’s order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The lower court attempted to address the problems with the defendant’s sentence below by entering corrected sentences. However, the State concedes that the defendant’s thirty-five-year sentences with fifteen-year minimum mandatory terms for second-degree felonies exceed the maximum sentences permitted by statute. § 775.084(4)(b)2, Fla. Stat. (1989). We therefore reverse and remand for the trial court to correct the portions of the defendant’s sentence that exceed the statutory maximum.

Reversed and remanded for further proceedings.

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    …PER CURIAM. Affirmed. See Stanley v. State, 947 So. 2d 627 (Fla. 3d DCA 2007); Dominguez v. State, 876 So. 2d 675, 678 (Fla. 3d DCA 2004).…
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