ORESTES FRAGA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ORESTES FRAGA, APPELLANT,
STATE OF FLORIDA, APPELLEE
695 So. 2d 743
Florida District Court of Appeal, Fourth District (1996)
Opinion of the Court
PER CURIAM.
AFFIRMED.
GUNTHER, C.J., and GLICKSTEIN and WARNER, JJ., concur.
Other
PER CURIAM.
We reject appellant’s challenge of his mandatory minimum sentence as being improper, having earlier concluded that this issue does not meet the supreme court’s definition of an “illegal” sentence, addressable by a rule 3.800 motion, under Davis v. State, 661 So. 2d 1193 (Fla.1995); see also Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993).
Accordingly, while we deny the petition for rehearing/clarification, we certify conflict with Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996); Butchek v. State, 686 So. 2d 21 (Fla. 2d DCA 1996); and Todd v. State, 659 So. 2d 1350 (Fla. 5th DCA 1995).
GUNTHER, C.J., and GLICKSTEIN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993)
- Raymundo Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996)
- To Van Phan v. State, 686 So. 2d 21 (Fla. 2d DCA 1996)
- Todd v. State, 659 So. 2d 1350 (Fla. 5th DCA 1995)