Colombo v. State

The appellant challenges the summary denial of his post conviction motion. Although the appellant’s first claim was properly denied, we reverse the appellant’s second claim that his sentence is illegal as a matter of law where his original sentence on two counts of possessing child pornography combined with his additional sentence imposed upon his revocation of probation exceeds the maximum sentence authorized.

A claim of illegal sentence may be raised at any time, including collaterally, in a rule 3.850 motion. See Bruno v. State, 837 So.2d 521 (Fla. 1st DCA 2003). Further, a defendant’s…