Legal Opinion

Lopez v. State

District Court of Appeal of Florida

Decided March 9, 1993No. 91-3033Published

1Per curiam

The State correctly concedes that the defendant was improperly sentenced to 17 years each on Count III (shooting into an occupied building) and Count V (unlawful display of a firearm during the commission of a felony). The maximum sentence for each of these offenses is 15 years. §§ 775.082(3)(c), 790.07(2), 790.19, Fla.Stat. (1989); Gilbert v. State, 484 So.2d 651 (Fla. 3d DCA 1986); Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981). Accordingly, the sentences on Counts III and V are reversed, and this case is remanded for resentencing as to those Counts only. The defendant’s convictions, as…

2Cases cited2 opinions

  1. Jolly v. StateDistrict Court of Appeal of Florida · 1981
  2. Gilbert v. StateDistrict Court of Appeal of Florida · 1986

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