Legal Opinion

Cannon v. State

District Court of Appeal of Florida

Decided July 20, 2017No. CASE NO. 1D15-5710Published

1Opinion of the CourtWolf, J.

Appellant challenges his judgment and sentence. We agree with the State’s proper concession that appellant was illegally sentenced pursuant to a revised version of section 775.082(3), Florida Statutes, that was not yet in effect at the time appellant committed his crimes.

Pursuant to section 775.082(3)(b), Florida Statutes (2013), appellant should have been sentenced on each of the three counts of sexual battery by familial or custodial authority, a first-degree felony, to a term of imprisonment not exceeding 30 years. Appellant was improperly sentenced on each count to 30 years’ imprisonment…

2Cases cited3 opinions

  1. Gonzales v. StateDistrict Court of Appeal of Florida · 2002
  2. Brooks v. StateDistrict Court of Appeal of Florida · 1996
  3. Giles v. StateDistrict Court of Appeal of Florida · 2013

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