Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JEROME BROWN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We affirm Brown's sentences in all regards, except for his sentence of 27 years for robbery imposed in case number 91-8165. Brown was orally sentenced by the judge to 17 years for this crime, at the sentencing hearing. Both sentences exceed the statutory maximum penalty for second degree felonies. § 775.082, Fla. Stat. (1991). Accordingly, we correct the sentence imposed by changing it to 15 years, the maximum sentence possible under the statute.

AFFIRMED as Corrected.

W. SHARP and PETERSON, JJ., concur.

DAUKSCH, J., dissents, with opinion.

DAUKSCH, Judge, dissenting.

I respectfully dissent.

Appellant was given an illegal sentence. The proper remedy for that is to vacate the sentence and require a new sentencing proceeding. In my opinion it is only when such errors as misstatements or clerical errors are made that this court should change the sentence to one which is lawful. This is not such a case; even though the state concedes the error and requests this court to set the sentence, I would vacate the sentence and remand for the sentencing to be done again.

Use AI to get other relevant cases.

Comments

BROWN v. STATE
(Dec 23, 1993)