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556 So. 2d 795

Carter v. State

District Court of Appeal of Florida

Decided February 9, 1990

District Court of Appeal of Florida · decided 1990-02-09

Cited by 2 later decisions — most recently December 1997

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1990-02-09

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PER CURIAM.

¶1Appellant was charged with a third degree felony, which is punishable by a term of imprisonment not exceeding five years. Section 775.082(3)(d), Florida Statutes (1987). Appellant seeks review of the 7-year sentence imposed, arguing that the sentence exceeded the statutory maximum allowable and that the sentencing guidelines do not increase the statutory máxi-mums allowable. Rule 3.701(d)(10), Florida Rules of Criminal Procedure.

¶2We agree. Pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, the sentence is vacated and this cause is remanded to the trial court for sentencing in accordance with Section 775.082(3)(d).

SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.
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