Brown v. State, 627 So. 2d 624

Brown v. State

627 So. 2d 624 | Fla. Dist. Ct. App. | 1993

Lead Opinion

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.

Dissenting 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.