Cummings v. State

The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a), arguing that his 30-year sentences imposed for two counts of attempted armed robbery, a second-degree felony as set forth in sections 812.13(2)(a), and 777.04(4)(c), Florida Statutes (1997), exceed the statutory maximum of 15 years’ imprisonment. The trial court denied the motion, finding it to be untimely filed, and also noted that the appellant had been sentenced as a habitual felony offender. However, rule 3.800(a) provides in part that “[a] court at any time may correct an illegal sentence,” and thus the…