Legal Opinion
McClellan v. State
District Court of Appeal of Florida
Decided June 26, 2002No. 2D02-1816PublishedCited by 1 opinion
1Opinion of the Court
819 So.2d 946 (2002)
James William McCLELLAN, Appellant,
v.
STATE of Florida, Appellee.
No. 2D02-1816.
District Court of Appeal of Florida, Second District.
June 26, 2002.
FULMER, Judge.
James William McClellan appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In the motion, McClellan raised two claims. We reverse and remand on both claims.
In the first claim, McClellan alleged that he did not have the requisite predicate conviction to be sentenced as a habitual violent felony offender. The trial court denied this claim,…
2Cases cited5 opinions
- Bover v. StateSupreme Court of Florida · 2001
- State v. ScarantinoDistrict Court of Appeal of Florida · 1989
- State v. GreenDistrict Court of Appeal of Florida · 1991
- State v. OatesDistrict Court of Appeal of Florida · 1992
- Johnson v. StateDistrict Court of Appeal of Florida · 2001
3Cited by1 opinion
- Tucker v. StateDistrict Court of Appeal of Florida · 2012