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626 So. 2d 1119

Smith v. State

District Court of Appeal of Florida

Decided December 1, 1993

District Court of Appeal of Florida · decided 1993-12-01

Cited by 3 later decisions — most recently September 1996

3 state decisions

Relies on 611 So. 2d 16 - Spencer v. State · Bernard v. State · Lofley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-01

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PER CURIAM.

¶1We affirm the convictions. On count I, appellant, Stephen Smith, was convicted of indecent assault and sentenced to life imprisonment, which exceeded the statutory maximum established by section 775.082(3)(c), Florida Statutes (1991). A sentence may not exceed the statutory maximum. See Spencer v. State, 611 So.2d 16 (Fla. 3d DCA 1992); Lofley v. State, 604 So.2d 577 (Fla. 2d DCA 1992); and Bernard, v. State, 571 So.2d 560 (Fla. 5th DCA 1990). See also Fla.R.Crim.P. 3.701(d)(10). We reverse and remand for resentencing within the parameters permitted by the statute. We affirm the sentences imposed as to counts II through V.

¶2AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, GUNTHER and WARNER, JJ., concur.
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