Public-domain · open source
OpenJurist

672 So. 2d 904

Johnson v. State

District Court of Appeal of Florida · decided 1996-05-08

Decided 1996-05-08

PER CURIAM.

¶1Based on the state’s proper confession of error and our independent examination of the record we: (1) reverse the cause with directions to correct the judgment form to reflect that the violation of section 893.13(l)(f), Florida Statutes (1991), is a third degree felony rather than a second degree felony; and (2) vacate the ten year sentence imposed for this violation, and remand for resentencing, as the statutory maximum for a third degree felony is five years. § 775.082(3)(d), Fla.Stat. (1991). Appellants remaining point on appeal is not meritorious. Accordingly, the final order revoking the defendant’s probation is affirmed in all other respects.

¶2Affirmed in part, vacated in part, and remanded with directions and for resentencing.

/672/so2d/904 · .json · Public domain