Legal Opinion

Mason v. State

District Court of Appeal of Florida

Decided November 8, 2006No. 4D06-3797Published

1Per curiam

Appellant Leroy Mason appeals the trial court’s summary denial of his motion for rehearing and reply, which the trial court treated as a newly filed motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, but write to point out that appellant has raised the identical challenge to the legality of his habitual violent felony offender sentence for second degree murder in at least two prior rule 3.800(a) motions to correct illegal sentence, as well as the third motion to correct underlying the subject motion for rehearing and reply.

While this…

2Cases cited2 opinions

  1. Martin v. Circuit CourtDistrict Court of Appeal of Florida · 1993
  2. Thurston v. StateDistrict Court of Appeal of Florida · 2006

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