Legal Opinion

Obie Dewayne Holliman v. State of Florida

District Court of Appeal of Florida

Decided December 11, 2014No. 1D13-5886Published

1Per curiam

Appellant appeals the denial of a motion to correct illegal sentence which raised three claims. We affirm the denial of grounds two and three without further discussion. For the reasons discussed below, we reverse and remand the denial of ground one for further proceedings.

In ground one, Appellant asserts that his seventeen-year sentence for possession of a firearm by a convicted felon is illegal because it exceeds the fifteen-year statutory maximum for a second degree felony. Although it appears the sentences were imposed pursuant to a plea agreement, a defendant cannot plead to an illegal…

2Cases cited9 opinions

  1. Johnson v. StateSupreme Court of Florida · 2011
  2. Larson v. StateSupreme Court of Florida · 1991
  3. Casteel v. StateDistrict Court of Appeal of Florida · 2014
  4. Perkins v. StateDistrict Court of Appeal of Florida · 2013
  5. Darling v. StateDistrict Court of Appeal of Florida · 2004

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