Willis v. State

FERGUSON, Judge.

This appeal is from a sentence corrected pursuant to Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981). Appellant was originally placed on five years probation with a special condition that he serve three years imprisonment. On his motion to correct sentence the trial court vacated the probation and sentenced the defendant to five years imprisonment.

Appellant contends that the resentence constitutes greater punishment than was originally imposed and is therefore unconstitutional; that any interpretation of the Villery decision to sanction a harsher…