Public-domain · open source
OpenJurist

645 So. 2d 598

Cromartie v. State

District Court of Appeal of Florida

Decided November 30, 1994

District Court of Appeal of Florida · decided 1994-11-30

Cited by 1 later decisions — most recently November 1997

1 state decisions

Relies on Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-11-30

View the full empirical analysis of this case →

PER CURIAM.

¶1This is an appeal from the summary denial of a motion to correct an illegal sentence. We affirm in part and reverse and remand in part.

¶2We find no merit to appellant’s arguments about his convictions and sentences under the first two counts of the indictment. Accordingly, we affirm the same.

¶3As to count III, the state commendably confesses error as to appellant’s 60 year sentence for a life felony committed after October 1, 1983. When a court opts to impose a term of years for a life felony committed after October 1, 1983, it may impose a sentence of no more than 40 years. § 775.082(3)(a), Fla.Stat. (1991); Wilson v. State, 622 So.2d 529 (Fla. 2d DCA 1993). We, therefore, reverse the 60 year sentence imposed under count III and remand this cause back to the trial court for resentencing under count III.

/645/so2d/598 · .json · Public domain