Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided December 6, 2000No. 2D99-1790Published

1Opinion of the Court

BLUE, Judge.

Barry Edward Miller, pro se, appeals the trial court’s order denying his motion to correct an illegal sentence. Because the sentence exceeds the statutory maximum, *1000and thus constitutes an illegal sentence, we reverse.

In circuit court case 91-3887, Miller was convicted of four second-degree felonies for committing lewd and lascivious acts; in circuit court case 91-3888, he was convicted of three second-degree felonies for committing lewd and lascivious acts and one third-degree felony for attempting to procure a person under sixteen for prostitution. See Miller v. State, 625 So.2d…

2Cases cited4 opinions

  1. Larson v. StateSupreme Court of Florida · 1991
  2. Mays v. StateSupreme Court of Florida · 1998
  3. Kaminsky v. StateDistrict Court of Appeal of Florida · 1999
  4. Miller v. StateDistrict Court of Appeal of Florida · 1993

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