Gardner v. State

I dissent. I am not certain whether we are holding that Mr. Gardner is entitled to the eight-year term of imprisonment, even though it is illegal, or that he is entitled to receive this sentence subject to the State’s right to have that sentence reversed in a subsequent appeal.

Although I dissent, I recognize the possibility that my disagreement is actually a disagreement with either the holding in Ashley v. State, 850 So.2d 1265 (Fla.2003), or the case law applying it. Ashley holds that “[o]nce a sentence has been imposed and the person begins to serve the sentence, that sentence may not be…