Dyke v. State

Durward Lee Dyke challenges an order by which his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), was denied. We reverse and remand for resentencing to bring appellant’s sentence within the five-year statutory maximum for attempted robbery. Baldwin v. State, 679 So.2d 1193 (Fla. 1st DCA 1996).

Appellant was sentenced to a term of 62 months for attempted robbery and was given credit for 68 days of jail time served prior to sentencing. Appellant claims that his sentence is illegal under the authority of Davis v. State, 661 So.2d 1193, 1196 (Fla.…