DEABORN v. State

987 So.2d 101 (2008)

Barry DEABORN, Appellant,

v.

STATE of Florida, Appellee.

No. 5D07-912.

District Court of Appeal of Florida, Fifth District.

June 6, 2008.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

The issue presented by this appeal is whether the trial court erred in its consideration of the motion of the appellant, Barry Deaborn, to correct an illegal sentence. The appellant is partially correct. Accordingly,…