BURTON v. STATE

No. 5D06-3138.

969 So.2d 1087 (2007)

Kenneth Ray BURTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 26, 2007.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Kenneth Ray Burton appeals from his sentence imposed after the trial court granted his motion to correct an illegal sentence. Burton argues that his current sentence is illegal because it exceeds the fifteen-year statutory maximum sentence allowed for a second degree felony. However, Burton was convicted of a first degree felony. Because his sentence does not exceed the thirty-year maximum sentence allowed for...

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