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614 So. 2d 42

Lopez v. State

District Court of Appeal of Florida · decided 1993-03-09

Relies on 392 So. 2d 54 - Jolly v. State · 484 So. 2d 651 - Gilbert v. State

Decided 1993-03-09

PER CURIAM.

¶1The 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 well as his sentences on the remaining Counts, are otherwise affirmed.

¶2Affirmed in part; reversed in part, and remanded.

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