Legal Opinion

State v. Hackley

District Court of Appeal of Florida

Decided October 29, 2010No. 1D10-0159PublishedCited by 4 opinions

1Per curiam

The State appeals the trial court’s order granting Appellee’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.

Lester Hackley was originally sentenced as a prison releasee reoffender (PRR) after committing a burglary of a conveyance with an assault. The trial court granted the rule 3.800(a) motion and resentenced Mr. Hackley without the PRR designation 1 because the Florida Supreme Court has determined that burglary of a conveyance with a battery, which is a greater offense than burglary of a conveyance with an assault, does not…

2Cases cited3 opinions

  1. State v. HearnsSupreme Court of Florida · 2007
  2. Thompson v. StateSupreme Court of Florida · 1997
  3. Shaw v. StateDistrict Court of Appeal of Florida · 2009

3Cited by4 opinions

  1. State v. HackleySupreme Court of Florida · 2012
  2. Santiago v. StateDistrict Court of Appeal of Florida · 2011
  3. Wilson v. StateDistrict Court of Appeal of Florida · 2011
  4. Kirby v. StateDistrict Court of Appeal of Florida · 2011

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