ORLANDO LUIS MORALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-09-26
Nos. 3D00-993, 3D01-509
Before JORGENSON, GODERICH and SORONDO, JJ.
795 So. 2d 231 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 4 cases
Topics
Statutory Maximum Sentence Illegal Sentence Concurrent Sentences

Explore caselaw by topic → Browse Statutory Maximum Sentence cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Orlando Luis Morales, defendant, appeals the summary denial of his Motion to Correct Illegal Sentence. The defendant was convicted for possession of cocaine, a third degree felony, and sale of cocaine within 1000 feet of a school, a first degree felony. The trial court sentenced defendant to ten years imprisonment on each count. The sentences were run concurrent to one another. Defendant argues, and the state concedes, that the ten year sanction for count 1, a third degree felony, exceeds the five year statutory maximum. § 775.082(3)(d), Fla. Stat. (1999). We agree. Accordingly, the sentencing order for count 1 is reversed. This cause is remanded for the imposition of a five year state prison sentence on count 1 of the Information. Defendant need not be present for resentencing. The decision of the lower court is affirmed in all other respects.

Affirmed in part, reversed in part, and remanded for re-sentencing on count 1.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Morales v. State, 909 So. 2d 478 (Fla. 3d DCA 2005)
    …ne on or near school property (count II). He was sentenced to ten years imprisonment on both counts, with a three year mandatory minimum sentence. On appeal, this court affirmed the convictions as well as the sentence on count II. Morales v. State, 795 So. 2d 231 (Fla. 3d DCA 2001).1 However, the court reversed the sentence on count I, a third degree felony, because it exceeded the five-year statutory maximum. The court remanded for correction of the sentencing order. On October 25, 2001, the trial court red…
  • Charles v. State, 59 So. 3d 291 (Fla. 3d DCA 2011)
    …n sentence, with a three-year minimum mandatory, and credit for time served. The trial court may not now impose a fine. The defendant need not be present for re-sentencing. See Butler v. State, 807 So. 2d 88, 89 (Fla. 3d DCA 2001); Morales v. State, 795 So. 2d 231 (Fla. 3d DCA 2001). Affirmed in part, reversed in part, and case remanded with directions. . The crime date was March 14, 2007.…

Full citator, related cases, and AI research tools

Open in FLexlaw