Legal Opinion

State of Florida v. Vernal Murray

District Court of Appeal of Florida

Decided April 8, 2015No. 4D13-4384 and 4D13-4385PublishedCited by 3 opinions

1Opinion of the CourtLevine, J.

The state appeals a sentencing order in two cases, claiming it is illegal. We find the sentence imposed in both cases is illegal and as such we reverse and remand for resentencing. 1

The state charged appellee with grand theft and felony petit theft in two separate cases. Appellee entered an open no contest plea in both cases. The criminal punishment scoresheet in both cases reflected that the lowest permissible sentence was 32.1 months in prison.

During the plea hearing, the state told the court that it had offered appellee 42.8 months. Defense counsel requested a sentence of a year and a day.…

2Cases cited8 opinions

  1. Banks v. StateSupreme Court of Florida · 1999
  2. Harrell v. StateSupreme Court of Florida · 2005
  3. State v. BarnesDistrict Court of Appeal of Florida · 2000
  4. State v. ClayDistrict Court of Appeal of Florida · 2001
  5. State v. HallDistrict Court of Appeal of Florida · 2008

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. STATE OF FLORIDA v. BARRY MICHAEL SCHULTZDistrict Court of Appeal of Florida · 2018
  2. State of Florida v. Adrea Vernique WileySupreme Court of Florida · 2017
  3. ERIC ZONK WARD v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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