Howard v. State

Johnnie F. Howard appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Howard claims that his aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony on account of the use of a deadly weapon. Howard also claims that his prison releasee reof-fender (PRR) sentence of thirty years in prison is illegal as exceeding the statutory maximum sentence for a second-degree felony.

The jury in its verdict made a finding that Howard’s aggravated battery involved both great bodily…