Legal Opinion

Cerkella v. State

District Court of Appeal of Florida

Decided February 26, 1997No. 96-1655PublishedCited by 3 opinions

1Per curiam

Olimpio Cerkella appeals the trial court’s denial of his motion filed pursuant to Rule 3.800, Florida Rules of Criminal Procedure, seeking to correct an illegal sentence. Upon the State’s proper confession of error, we remand with instructions to the trial court that Cerkella be resentenced to a term not to exceed forty years.

Reversed and remanded.

2Cited by3 opinions

  1. Reynolds v. StateDistrict Court of Appeal of Florida · 2013
  2. De La Cosa v. StateDistrict Court of Appeal of Florida · 2000
  3. Cerkella v. StateDistrict Court of Appeal of Florida · 2005