Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided December 23, 2004No. 1D03-2928Published

1Per curiam

This is a direct appeal from Appellant’s resentencing and the trial court’s denial of Appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Appellant’s sentence is illegal and the procedural bar would result in a manifest injustice, we reverse the trial court’s denial and remand for resentencing.

Appellant was charged with two counts of armed robbery occurring on December 15, 1983, and with three counts of armed robbery occurring on January 12, 1984. Appellant was convicted of all five counts by a jury. Under the sentencing guidelines, Appellant’s sentencing…

2Cases cited8 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Whitehead v. StateSupreme Court of Florida · 1986
  3. Smith v. StateSupreme Court of Florida · 1992
  4. Smith v. StateSupreme Court of Florida · 1989
  5. Braggs v. StateDistrict Court of Appeal of Florida · 1994

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