Robinson v. State

PARIENTE, Judge.

Appellant, Eric Robinson (defendant), has appealed the trial court’s order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Defendant contends that his 40-year sentence for robbery is illegal and should be reduced to a maximum term of 30 years based on his codefendant’s ease of Robinson v. State, 621 So.2d 556 (Fla. 4th DCA 1993). In Mills v. State, 642 So.2d 15 (Fla. 4th DCA 1994), an en banc decision of this court, we receded from Robinson and Rucker v. State, 553 So.2d 212 (Fla. 4th DCA 1989), rev. denied, 563 So.2d…