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Prater v. StatePrater v. State

District Court of Appeal of Florida
May 22, 2013
No. 2D11-3743
Versions:
PER CURIAM.

For the reasons expressed in Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013), also issued on this date, we reverse the order of the postconviction court and remand for resentencing. Prater’s forty-year sentence, on which only a twenty-five-year minimum mandatory term was imposed, impermissibly exceeds the thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore illegal. See McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); see also Mendenhall v. State, 48 So.3d 740, 742 (Fla.2010); Wooden v. State, 42 So.3d 837, 837 (Fla. 5th DCA 2010).

Reversed and remanded.

DAVIS, KELLY, and BLACK, JJ., Concur.

Case Details

Case Name: Prater v. State
Court Name: District Court of Appeal of Florida
Date Published: May 22, 2013
Citations: 113 So. 3d 147; 2013 WL 2233987; 2013 Fla. App. LEXIS 8120; No. 2D11-3743
Docket Number: No. 2D11-3743
Court Abbreviation: Fla. Dist. Ct. App.
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