Legal Opinion

Hettick v. State

District Court of Appeal of Florida

Decided April 4, 2008No. 2D07-3792PublishedCited by 10 opinions

1Opinion of the Court

977 So.2d 797 (2008)

Michael L. HETTICK, Appellant,

v.

STATE of Florida, Appellee.

No. 2D07-3792.

District Court of Appeal of Florida, Second District.

April 4, 2008.

STRINGER, Judge.

Michael L. Hettick appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Although Mr. Hettick's sentence is not illegal, we reverse and remand because the postconviction court should have considered his motion as if it were filed pursuant to rule 3.850.

Mr. Hettick's single claim alleges that the aggregate of his concurrent sentences in three…

2Cases cited5 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Dellofano v. StateDistrict Court of Appeal of Florida · 2007
  3. Eggers v. StateDistrict Court of Appeal of Florida · 1993
  4. Green v. DuggerDistrict Court of Appeal of Florida · 1991
  5. Riviere v. StateDistrict Court of Appeal of Florida · 2007

3Cited by10 opinions

  1. Sweet v. StateDistrict Court of Appeal of Florida · 2008
  2. Almodovar v. StateDistrict Court of Appeal of Florida · 2011
  3. McCLOUGH v. StateDistrict Court of Appeal of Florida · 2011
  4. Hoppert v. StateDistrict Court of Appeal of Florida · 2011
  5. Pifer v. StateDistrict Court of Appeal of Florida · 2009

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