Smith v. State

Appellant, Todd Smith, .appeals from the trial court’s denial of his Motion to Correct Illegal Sentence. See Fla. R.Crim. P. 3.800(a). Based on the State’s proper confession of error, we reverse Appellant’s sentences on two' counts of robbery and one count of burglary and remand for re-sentencing.

Appellant was convicted on two counts of robbery with a pistol, one count of burglary without a firearm, and-two counts of kidnapping with a pistol for crimes committed on December 24, 1982. He was sentenced on October 31,1983 to ten years imprisonment for each of the robbery and burglary…