Darby v. State

Appellant, Eddie L. Darby, appeals the order denying his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We reverse.

Appellant was originally charged by information with one count of driving while license suspended with two prior convictions. Appellant entered a negotiated plea of nolo contendere as charged, and was sentenced to two days in the Orange County Jail with credit for two days time served, followed by six months of community control which was to be followed by twelve months of probation. Appellant did not appeal the judgment, sentence, order of…