Legal Opinion

Dominguez v. State

District Court of Appeal of Florida

Decided April 3, 1996No. 95-1987PublishedCited by 1 opinion

1Opinion of the Court

CONFESSION OF ERROR

2Per curiam

Upon the State’s proper confession of error, we reverse the appellant’s concurrent seven year probationary sentences imposed as a result of his plea to five third degree felonies, all of which were alleged to have been committed prior to January 1, 1994. This sentence is illegal because the statutory maximum for each such third degree felony is five years of state supervision.1. See section 775.082(3)(d), Fla.Stat. (1991). A sentence in excess of the statutory maximum may not be imposed even pursuant to a plea agreement between the parties. Larson v. State, 572 So.2d 1368,…

3Cases cited6 opinions

  1. Larson v. StateSupreme Court of Florida · 1991
  2. Gardner v. StateDistrict Court of Appeal of Florida · 1995
  3. Stephens v. StateDistrict Court of Appeal of Florida · 1993
  4. Arnett v. StateDistrict Court of Appeal of Florida · 1992
  5. Darden v. StateDistrict Court of Appeal of Florida · 1991

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

4Cited by1 opinion

  1. Gifford v. StateDistrict Court of Appeal of Florida · 1999

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