Public-domain · open source
OpenJurist

640 So. 2d 119

Everette v. State

District Court of Appeal of Florida · decided 1994-07-22

Cited by 3 later decisions — most recently October 2016

3 state decisions

Relies on 640 So. 2d 1084 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-07-22

View the full empirical analysis of this case →

PER CURIAM.

¶1The defendant, Gregory Everette, appeals his convictions and sentences for four counts of lewd and lascivious act on a child under the age of sixteen. We reject his constitutional challenge to section 800.04(3), Florida Statutes (1991), pursuant to Jones v. State, 640 So.2d 1084 (Fla.1994). Accordingly, the defendant’s convictions are affirmed.

¶2The state concedes that the sentences imposed in this case are illegal. Each offense is a second-degree felony for which the maximum sentence is fifteen years’ incarceration. The terms of incarceration and probation imposed in this case exceed this limit for each count. We reverse the sentences and remand for resentencing.

¶3Affirmed in part, reversed in part.

SCHOONOVER, A.C.J., and ALTENBERND and BLUE, JJ., concur.
/640/so2d/119 · .json · Public domain