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LEARY v. STATE

No. 4D07-25.

980 So.2d 622 (2008)

Daniel Joseph LEARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 7, 2008.

Attorney(s) appearing for the Case

Stephen P. Tourtelot of The Daley Law Office, P.A., Tallahassee, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

DAMOORGIAN, J.

Appellant, Daniel Leary, appeals his conviction and thirty-year sentence for aggravated battery with a firearm. We affirm the conviction and reverse the thirty-year sentence as illegal because it exceeds the statutory maximum for a second degree felony. Collazo v. State, 966 So.2d 429 (Fla. 4th DCA 2007).

Leary was charged by information with the second degree felony of aggravated battery with a firearm...

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