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Douse v. State

Citations: 599 So. 2d 262; 1992 Fla. App. LEXIS 5791; 1992 WL 112119Docket: No. 91-02479

Court: District Court of Appeal of Florida; May 27, 1992; Florida; State Appellate Court

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Appellant Sammy James Douse challenges his sentences as a habitual violent felony offender, to which he pled nolo contendere on multiple counts, including robbery with a weapon, burglary, and aggravated battery. The trial court imposed concurrent fifteen-year sentences. The appellate court affirms the sentences for all counts except for the minimum mandatory terms applied to the aggravated battery convictions. It finds that the trial court erred by assigning a fifteen-year minimum mandatory sentence, as the maximum allowable under Florida statutes is ten years. The court remands for correction of the sentences without requiring the appellant’s presence. The decision is affirmed in part, reversed in part, and remanded for correction.