Vazquez v. State
District Court of Appeal of Florida
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
- Cherry v. StateDistrict Court of Appeal of Florida · 1983
- Wilhelm v. StateDistrict Court of Appeal of Florida · 1989
- Peyton v. StateDistrict Court of Appeal of Florida · 1980
- Pelfrey v. StateDistrict Court of Appeal of Florida · 1982
3Cited by1 opinion
- Jackson v. StateDistrict Court of Appeal of Florida · 2002