590 So. 2d 997 | Fla. Dist. Ct. App. | 1991
Brousseau appeals from five sentences he received after pleading nolo contendere to five criminal charges. Pointing out a sentencing error concerning Case No. 90-2024 in an Anders
In Case No. 90-2024, Brousseau was adjudicated guilty of forgery
With regard to Case No. 90-1990, Brousseau was adjudicated guilty of armed burglary of a dwelling,
Pursuant to the Habitual Offender Statute, section 775.084, two of these three sentences are improper. A person convicted as an habitual violent felony offender for a first degree felony can receive up to life, and fifteen years is the statutory minimum mandatory he must serve prior to release.
Because .of these sentencing errors, we vacate all but the sentence imposed for armed burglary in Case No. 90-1990, which we affirm. We remand for resentencing in both cases for all of the other criminal charges.
AFFIRMED in part; four sentences VACATED; and REMANDED.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. § 831.01,- Fla.Stat. (1989).
. § 831.02, Fla.Stat. (1989).
. § 810.02(2), Fla.Stat. (1989).
. § 812.019(1), Fla.Stat. (1989).
. § 790.23, Fla.Stat. (1989).
. § 775.084(4)(a) and (4)(b)l., Fla.Stat. (1989).
. § 775.084(4)(b)2., Fla.Stat. (1989).