Legal Opinion

Beazley v. State

District Court of Appeal of Florida

Decided September 10, 2009No. 1D09-0697PublishedCited by 1 opinion

1Per curiam

The appellant challenges the denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons discussed below, we reverse and remand.

The appellant was convicted of numerous crimes and sentenced to thirty years’ imprisonment as an habitual felony offender on some of the charges. The trial court relied on three prior convictions, in case numbers 96-2538, 96-2410 and 95-2276, to deem the appellant an HFO. The appellant filed the instant motion to correct illegal sentence alleging that his HFO sentences are illegal because he does not have…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Overstreet v. StateSupreme Court of Florida · 1993
  2. Benton v. StateDistrict Court of Appeal of Florida · 2002
  3. Phillips v. StateDistrict Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. Beazley v. StateDistrict Court of Appeal of Florida · 2010

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