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150 So. 3d 829

Cito v. State

District Court of Appeal of Florida

Decided October 17, 2014

District Court of Appeal of Florida · decided 2014-10-17

Decided 2014-10-17

BLACK, Judge.

¶1 Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We af *830 firm the remaining issues raised on appeal without comment.

¶2 Cito was convicted of discharging a firearm from a vehicle within 1000 feet of a person, á second-degree felony. See § 790.15(2), Fla. Stat. (2006). The offense is punishable by up to fifteen years’ imprisonment. See § 775.082(3)(c), Fla. Stat. (2006). However, the trial court imposed a twenty-year sentence for this offense; this sentence is illegal. Therefore, we remand for resentencing as to this count.

¶3 Affirmed in part, reversed in part, and remanded.

SILBERMAN and KELLY, JJ., Concur.
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