GALLAGHER v. STATE

No. 87-01815.

542 So.2d 478 (1989)

Christopher GALLAGHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 5, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant argues, and the state concedes, that the trial court erred in imposing a fifteen-year sentence for the offense of false imprisonment. Appellant was not charged with carrying a weapon during the commission of this offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also adjudged a habitual offender, a finding which he does not contest on appeal, the maximum permissible sentence is ten years...

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