Johnson v. State

CASANUEVA, Judge.

Jay Johnson challenges the order of the trial court summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion Johnson claimed that the habitual offender sentences imposed upon violation of community control in two circuit court cases are illegal because he was not initially sentenced as a habitual offender. We agree, and we reverse and remand for resentencing.

The attachments to the trial court’s order indicate that in November 1994 Johnson admitted violating probation in circuit court case number…