Alexis J. Firgueroa v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ALEXIS J. FIGUEROA, Appellant, v. Case No. 5D16-274 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 18, 2016 3.800 Appeal from the Circuit Court for Orange County, Wayne C. Wooten, Judge. Alexis J. Figueroa, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. ON CONCESSION OF ERROR PER CURIAM. Appellant, Alexis J. Figueroa, appeals the postconviction court’s order denying his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. He argues that his fifty-year prison sentence for robbery with a weapon in violation of section 812.13(2)(b), Florida Statutes (2006), is illegal because robbery with a weapon is a first-degree felony, punishable by a maximum term of imprisonment of thirty years. See § 775.082(3)(b), Fla. Stat. (2006); see also Santiago v. State, 147 So. 3d 1057, 1058 (Fla. 3d DCA 2014) (“Robbery with a non-deadly weapon is a first-degree felony and, generally, the maximum sentence permitted by [sections 775.082(3)(b) and 812.13(2)(b)] for this crime is thirty years.”). The State has commendably conceded error. Accordingly, we reverse the postconviction court’s order denying Appellant’s motion to correct illegal sentence and remand for resentencing.1 REVERSED and REMANDED. PALMER, EVANDER, and LAMBERT, JJ., concur. 1 Appellant is also serving sentences on other convictions imposed in the underlying case. These sentences are not affected. 2

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