McGarry v. State

Because I find that the decision of the district court of appeal expressly and directly conflicts with the cases of Hubler v. State, 458 So.2d 350 (Fla. 1st DCA 1984), Moore v. State, 339 So.2d 228 (Fla. 2d DCA 1976), and other cases, I would grant review in this case. Because I find that the trial court imposed an illegal sentence, I would quash the decision of the district court and remand for re-sentencing in accordance with law.

The record shows that petitioner entered pleas of guilty to twelve counts of grand theft, two counts of obtaining property by issuing worthless checks, two counts…