Legal Opinion

Walden v. State

District Court of Appeal of Florida

Decided September 18, 2013No. 4D12-3477PublishedCited by 5 opinions

1Per curiam

We reverse the trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence and remand for resentencing. Appellant’s forty-year sentence for attempted second degree murder with a firearm exceeds the thirty-year statutory maximum for this first-degree felony offense. Wiley v. State, — So.3d -(Fla. 4th DCA 2013); Sheppard v. State, 113 So.3d 148, 149 (Fla. 2d DCA 2013); McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); Wooden v. State, 42 So.3d 837 (Fla. 5th DCA), rev. denied, 51 So.3d 466 (Fla.2010).

Although we affirmed this claim…

2Cases cited6 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Wooden v. StateDistrict Court of Appeal of Florida · 2010
  3. McLeod v. StateDistrict Court of Appeal of Florida · 2010
  4. Sheppard v. StateDistrict Court of Appeal of Florida · 2013
  5. Rotta v. RottaSupreme Court of Florida · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Antoine v. StateDistrict Court of Appeal of Florida · 2014
  2. Cortez Hatten v. State of FloridaSupreme Court of Florida · 2016
  3. Hatten v. StateDistrict Court of Appeal of Florida · 2014
  4. Michael W. Levine v. State of FloridaDistrict Court of Appeal of Florida · 2014
  5. Julius Franklin Rocker v. State of FloridaDistrict Court of Appeal of Florida · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API