Legal Opinion

Vazquez v. State

District Court of Appeal of Florida

Decided March 25, 1992No. 91-3449PublishedCited by 1 opinion

1Per curiam

We reverse and remand with directions to vacate the sentence that was imposed on resentencing on count IV, and resentence appellant on count IV to a sentence of no more than 15 years in prison, to run concurrently with the 25-year concurrent sentences in counts I through III. See Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983) (increase of lawful sentence prohibited); Wilhelm v. State, 543 So.2d 434 (Fla. 2d DCA 1989) (court may correct illegal sentence at any time but may not modify facially legal sentence on another count); *310Pelfrey v. State, 409 So.2d 486 (Fla. 5th DCA 1981) (error, if…

2Cases cited4 opinions

  1. Cherry v. StateDistrict Court of Appeal of Florida · 1983
  2. Wilhelm v. StateDistrict Court of Appeal of Florida · 1989
  3. Peyton v. StateDistrict Court of Appeal of Florida · 1980
  4. Pelfrey v. StateDistrict Court of Appeal of Florida · 1982

3Cited by1 opinion

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2002

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