LAGERIAN ISSAC THURSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAGERIAN ISSAC THURSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
984 So. 2d 1290
Florida District Court of Appeal, Fourth District (2008)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant was convicted of attempted second degree murder with a firearm and challenges his fifty year prison sentence as being illegal because it exceeds the thirty year statutory maximum sentence for a first degree felony. For the reasons we explained in our en banc opinion in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007), we reverse for resentencing within the thirty year statutory maximum sentence for a first degree felony.
STONE, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)…[*751] So. 2d 639 (Fla. 2d DCA 2008), and the First District in Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005). We also disapprove the decisions of the Fourth District in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007), Thurston v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008), Leary v. State, 980 So. 2d 622 (Fla. 4th DCA 2008), and Johnson v. State, 17 So. 3d 847 (Fla. 4th DCA 2009), to the extent that those decisions hold that section 775.087(2)(a)(3) does not vest discretion in the trial judge to im…
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Greggs v. State, 990 So. 2d 708 (Fla. 4th DCA 2008)…itnesses. On remand the trial court shall permit Greggs to file a facially sufficient motion within thirty (30) days, pursuant to Spera v. State, 971 So. 2d 754 (Fla.2007). See also Davis v. State, 987 So. 2d 235 (Fla. 4th DCA 2008); Gates v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008). STONE, STEVENSON and DAMOORGIAN, JJ., concur.…
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Booth v. State, 18 So. 3d 1142 (Fla. 5th DCA 2009)…onflict on this point with the en banc majority decision in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007) and with three other Fourth District cases applying Collazo. See Johnson v. State, 17 So. 3d 847 (Fla. 4th DCA 2009); Thurston v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008); Leary v. State, 980 So. 2d 622 (Fla. 4th DCA 2008). Mendenhall also conflicts with Sousa v. State, 976 So. 2d 639 (Fla. 2d DCA 2008) and Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005), and is currently being reviewed by the…
Authorities Cited
- Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007)