Turner v. State

NORTHCUTT, Judge.

Stanley Lee Turner appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.

In his motion, Mr. Turner argued that his twenty-year sentence as a habitual felony offender for organized fraud in case number 95-183 is illegal because it exceeds the statutory maximum for the third-degree felony with which he was charged. See § 775.084(4)(a)(3), Fla. Stat. (1993) (providing that the sentence for a habitual felony offender convicted of a third-degree felony is ten years). The postconviction court…