JULIUS A. GATHERS v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JULIUS A. GATHERS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D02-1106 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 21, 2003. An appeal from Circuit Court for Gulf County. Glenn L. Hess, Judge. Nancy A. Daniels, Public Defender, and Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges sentences which were imposed for two counts of resisting arrest with violence. These are third degree felonies, for which a five year maximum term of imprisonment is allowed. § 843.01; § 775.082(3)(d), Fla. Stat. The concurrent fifteen year terms of imprisonment imposed for these offenses are illegal sentences, exceeding the maximum allowed by law. The appellant s sentences are therefore vacated, and the case is remanded for resentencing. ERVIN, BARFIELD and ALLEN, JJ., CONCUR. 2

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