Legal Opinion

Terry v. State

District Court of Appeal of Florida

Decided September 23, 2009No. 2D07-4813Published

1Opinion of the Court

FULMER, Judge.

Tyrone J. Terry appeals his resentencing on count two (simple robbery) of a judgment. In 1996, Terry was sentenced as a habitual offender to twenty years in prison on count two. After serving one year in jail, the remaining nineteen years were suspended and Terry was to serve ten years on probation. He violated his probation and was sentenced on count two to a nonhabitual sentence of nineteen years in prison. He then filed a successful motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that the nineteen-year sentence imposed on…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. Jackson v. StateSupreme Court of Florida · 2008
  4. Martinez v. StateDistrict Court of Appeal of Florida · 2000

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