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121 So. 3d 660

Walden v. State

District Court of Appeal of Florida

Decided September 18, 2013

District Court of Appeal of Florida · decided 2013-09-18

Cited by 5 later decisions — most recently August 2016

5 state decisions

Relies on 848 So. 2d 287 - State v. McBride · Wooden v. State · 52 So. 3d 784 - McLeod v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-09-18

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PER CURIAM.

¶1We 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).

¶2Although we affirmed this claim without discussion in Walden v. State, 57 So.3d 248, 249 (Fla. 4th DCA 2011), the manifest injustice exception to the law of the case doctrine applies. See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003).

¶3Reversed and remanded.

DAMOORGIAN, C.J., FORST and KLINGENSMITH, JJ., concur.
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