Public-domain · open source
OpenJurist

113 So. 3d 147

Prater v. State

District Court of Appeal of Florida · decided 2013-05-22

Cited by 2 later decisions — most recently August 2016

2 state decisions

Relies on 48 So. 3d 740 - Mendenhall v. State · Wooden v. State · 52 So. 3d 784 - McLeod v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-05-22

View the full empirical analysis of this case →

PER CURIAM.

¶1For the reasons expressed in Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013), also issued on this date, we reverse the order of the postconviction court and remand for resentencing. Prater’s forty-year sentence, on which only a twenty-five-year minimum mandatory term was imposed, impermissibly exceeds the thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore illegal. See McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); see also Mendenhall v. *148State, 48 So.3d 740, 742 (Fla.2010); Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010).

¶2Reversed and remanded.

DAVIS, KELLY, and BLACK, JJ., Concur.
/113/so3d/147 · .json · Public domain