Legal Opinion

Good v. State

District Court of Appeal of Florida

Decided September 13, 2006No. Nos. 2D06-1342, 2D06-1777Published

1Opinion of the Court

VILLANTI, Judge.

Gary J. Good appeals the denial of his pro se motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the postcon-viction court misinterpreted Good’s motion, it denied a claim he did not raise and did not address the claim he actually raised. Consequently, we reverse and remand for the postconviction court to consider the motion on the merits.

As his sole claim, Good challenged his habitual felony offender (HFO) sentences as violative of the Florida Supreme Court opinion in Hale v. State, 630 So.2d 521, 524-25 (Fla.1993)…

2Cases cited4 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Downs v. StateDistrict Court of Appeal of Florida · 2003
  3. Bailey v. StateDistrict Court of Appeal of Florida · 2005
  4. Bernal v. StateDistrict Court of Appeal of Florida · 2004

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