SAMMIE LEE COX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OTT, Judge.
Appellant was convicted of sexual battery and received an indeterminate sentence of three to ten years. Upon appellant’s motion to correct sentence, the sentencing judge deleted the three year portion of the sentence and gave appellant a determinate sentence of ten years.
Having determined to give the appellant an “indeterminate sentence” the only lawful sentence allowable under Section 921.18, Florida Statutes was one requiring a minimum of 6 months. We therefore affirm the judgment of conviction but remand for the entry of an indeterminate sentence of six months to ten years.
GRIMES, A. C. J., and SCHEB, J., concur.
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Perry v. State, 347 So. 2d 1093 (Fla. 2d DCA 1977)…ppellant’s conviction is affirmed but appellant’s sentence to an indeterminate term of imprisonment from one to twenty years is vacated and the cause remanded for re-sentencing to a term of imprisonment from six months to twenty years. Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977). Appellant need not be present at resentencing. HOBSON, A. C. J., and McNULTY and SCHEB, JJ., concur.…
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Reddick v. State, 380 So. 2d 1330 (Fla. 5th DCA 1980)…rdons, we affirm the judgment of guilt. The court, however, did err in sentencing the defendant to an indeterminate sentence of three to ten years. The sentence is thus vacated and the case remanded for resentencing in accordance with Cox v. State, 344 So. 2d 1324 (Fla.2d DCA 1977), cert. denied, 354 So. 2d 979 (Fla.1977). CONVICTION AFFIRMED; REMANDED FOR RESENTENCING. DAUKSCH, C. J., concurs. ANSTEAD, HARRY LEE, Associate Judge, dissents.…
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LEE v. State, 404 So. 2d 860 (Fla. 1st DCA 1981)…sing concurrent indeterminate sentences of two to five years. Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such cases to six months. Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977), cert. den., 354 So. 2d 979 (Fla.1977). Under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981), the corrected sentences are otherwise proper. Therefore, the sentences are AFFIRMED in part and REVERSED…
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