COOPER v. STATE

No. 1D06-1211.

960 So.2d 849 (2007)

James Horace COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 6, 2007.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Bill McCollum, Attorney General, and Sheron L. Wells, Assistant Attorney General, Tallahassee, for Appellee.


THOMAS, J.

Appellant challenges the trial court's denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Because Appellant's sentence for DUI manslaughter exceeds the statutory maximum for a second-degree felony, we reverse.

On October 18, 2005, Appellant was sentenced to 15 years' probation for multiple counts, including one count of DUI manslaughter, a second-degree felony. On January 4, 2006,...

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