JOHN EDWARD PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN EDWARD PARKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
737 So. 2d 634
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant alleged that his habitual felony sentence is an illegal sentence. See Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998) (general division en banc). Accordingly, we reverse the order summarily denying appellant’s motion to correct illegal sentence and remand the case for further proceedings.
REVERSED and REMANDED.
ERVIN, LAWRENCE and BROWNING, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watkins v. State, 826 So. 2d 471 (Fla. 1st DCA 2002)…sed the appellants’ forgery convictions because the State failed to produce sufficient evidence to prove that the appellants committed forgery as to stolen checks. See Barge v. State, 747 So. 2d 481, 481 (Fla. 1st DCA 2000); see also Clark v. State, 737 So. 2d 634, 634 (Fla. 1st DCA 1999). If the State had proceeded only on the forgery charge, instead of then averring that appellant was a principal to such charge, both Barge and Clark would be controlling because the State failed to present any evidence that…
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Barge v. State, 747 So. 2d 481 (Fla. 1st DCA 2000)…owing that they were forged. While the evidence was sufficient to prove that appellant uttered the nine forged checks and committed grand theft, the evidence was insufficient to prove that appellant forged any of the nine checks. See Clark v. State, 737 So. 2d 634 (Fla. 1st DCA 1999). We therefore reverse the forgery convictions, but affirm in all other respects. AFFIRMED in part and REVERSED in part. JOANOS, MINER and DAVIS, JJ., CONCUR.…
Authorities Cited
- Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998)