Potter v. State

ON MOTION FOR REHEARING

The opinion filed in this case on August 30, 2000 is vacated and withdrawn and the following opinion is substituted in its place. The appellant, Gary P. Potter, appeals the summary denial of his motion to vacate an illegal sentence entered after a bench trial conducted approximately seventeen years ago. In the motion filed below, for the first time, Potter alleged that he was incompetent to stand trial when his trial was held, citing both rule 3.800(b) and rule 3.850(b)(1) and (2), Florida Rules of Criminal Procedure. He relies on Jones v. State, 740 So.2d 520…