CARROLL v. STATE

No. 98-3024.

740 So.2d 81 (1999)

Horace Jones CARROLL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 14, 1999.


Attorney(s) appearing for the Case

Horace J. Carroll, in proper person.

Robert A. Butterworth, Attorney General and Sylvie Perez-Posner, Assistant Attorney General, for appellee

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.


ON CONCESSION OF ERROR

PER CURIAM.

The defendant seeks review of the denial of his Rule 3.800 motion to correct illegal sentence. We reverse in part.

In 1993, Carroll was charged with one count of committing a lewd assault upon a child under the age of sixteen, in violation of section 800.04, Florida Statutes (1993). That offense is a second degree felony which carries a maximum penalty of fifteen years. See § 775.082, Fla. Stat. (1993...

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