BRET S. BEILER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRET S. BEILER, APPELLANT,
STATE OF FLORIDA, APPELLEE
656 So. 2d 530
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Bret S. Beiler timely appeals the order ruling on his motion to correct illegal sentence. The circuit court correctly noted that Beiler’s sentences on counts two and three of circuit court case number 91-0531 were illegal under Felty v. State, 630 So. 2d 1092 (Fla.1994). However, the circuit court’s order failed to adequately correct the sentences. In accordance with Felty, as to the counts referenced above, we affirm the prison sentences and strike the periods of community control. We affirm the consecutive term of probation contained in the sentence for count two. On all other matters raised by Beiler, we affirm.
Affirmed in part, community control stricken.
THREADGILL, A.C.J., and BLUE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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ROY v. State, 711 So. 2d 1348 (Fla. 1st DCA 1998)…. 2d 73, 77 (Fla. 2d DCA 1991)(holding that rule 3.800(a) motion cannot be employed to reexamine whether procedures followed in imposing sentence comport with statutory law and due process), rev. denied, 613 So. 2d 5 (Fla.1992); see Denson v. State, 656 So. 2d 530 (Fla. 5th DCA 1995)(Sharp, J., concurring in unanimous decision with a separate opinion explaining that failure of state to provide proper notice of intent to seek habitualized sentence is not cognizable in rule 3.800(a) motion). Appellant’s second…
Authorities Cited
- Felty v. State, 630 So. 2d 1092 (Fla. 1994)