Legal Opinion

Craig Johnson v. State

District Court of Appeal of Florida

Decided May 26, 2017No. Case 5D17-255Published

1Opinion of the CourtOrfinger, J.

Craig Johnson appeals the summary denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which allows a court “at any time to correct an illegal sentence ... when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief.” We reverse.

Following a jury trial, Johnson was convicted of possession of oxycodone (count 1) and possession of cocaine with intent to sell (count 3). The trial court sentenced Johnson to five years in prison on count 1 and fifteen years in prison on count 3, to be served…

2Cases cited4 opinions

  1. Williams v. StateSupreme Court of Florida · 2007
  2. Fasenmyer v. StateSupreme Court of Florida · 1984
  3. Marshall v. StateDistrict Court of Appeal of Florida · 2012
  4. Hughes v. StateDistrict Court of Appeal of Florida · 2015

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