Legal Opinion

Myers v. State

District Court of Appeal of Florida

Decided July 17, 1996No. Nos. 94-00440, 94-02779PublishedCited by 2 opinions

1Opinion of the Court

BLUE, Judge.

Charles A. Myers challenges his convictions and sentences. We affirm the convictions and the restitution order without discussion. However, we reverse Myers’ sentences and remand for resentencing.

Myers correctly argues that the sentences for two of his four convictions exceed the statutory maximum. For the offenses of attempted second-degree murder with a firearm and aggravated battery with a firearm, both first-degree felonies, Myers was sentenced to twenty years in prison followed by twenty years of probation. A sentence of incarceration and probation cannot exceed the maximum…

2Cases cited1 opinion

  1. Howe v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Cillo v. StateDistrict Court of Appeal of Florida · 2005
  2. Paredes v. StateDistrict Court of Appeal of Florida · 2000

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