Burney v. State

BLUE, Chief Judge.

James William Burney timely appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing.

Burney committed a robbery in 1971 and received a life sentence under section 813.011, Florida Statutes (1969), which states:

Whoever, by force, violence or assault or putting in fear, feloniously robs, steals and takes away from the person or custody of another, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for…