Cox v. State, 344 So. 2d 1324

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.

Case Details

Case Name: Cox v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 27, 1977

Citations: 344 So. 2d 1324; 76-1742

Docket Number: 76-1742

Court Abbreviation: Fla. Dist. Ct. App.