Ilarion v. State

On Concession of Error

Diquilard Ilarion appeals the trial court’s denial of his amended motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court’s order on Ilar-ion’s amended motion determined correctly that “the sentence as to count two exceeds the statutory maximum, and should be reduced to 5 years in state prison.” In the written corrected sentence on count two entered July 25, 2014, however, the trial court adjudicated Ilarion a violent career criminal (VCC) in accordance with section 775.084(4), Florida Statutes (1999).

As correctly…