Summary
In Taylor v. State, 701 So.2d 1215 (Fla.3d DCA 1997), this Court reversed that sentence because the crime had been committed after October 1, 1983, and the trial court was therefore limited in sentencing the defendant to life imprisonment or a term of imprisonment not exceeding forty (40) years.
Summary of this case from Taylor v. StateOpinion
Case No. 97-2515
Opinion filed November 26, 1997
An Appeal under Fla. R. App. P. 9.140(I) from the Circuit Court for Dade County, Barbara S. Levenson, Judge.
William Lee Taylor, in proper person.
Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellee.
Before COPE, GERSTEN, and SHEVIN, JJ.
This is an appeal by the defendant, William Lee Taylor, from an order denying his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the State's proper confession of error, we reverse part of the order appealed from and remand for resentencing within the legal maximum.
The defendant was sentenced in count II of the information for kidnapping with a firearm, a life felony. § 775.087, Fla. Stat. (1983). As the felony was committed after October 1, 1983, the court was limited in sentencing the defendant to life or a term of imprisonment not exceeding forty years. § 775.082(3)(a), Fla. Stat. (1983). However, the court sentenced the defendant to one hundred thirty-four years. Therefore, we reverse the sentence imposed under count II and remand for resentencing consistent with the legal maximum. See Cromartie v. State, 645 So.2d 598 (Fla. 3d DCA 1994). In all other respects, however, we affirm the order under review.
Affirmed in part; reversed in part and remanded.