Heath v. State

LaROSE, Judge.

Joseph L. Heath 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.

A jury convicted Mr. Heath of battery on a law enforcement officer and obstructing an officer with violence. He was sentenced as a violent career criminal to fifteen years in prison, with a ten-year mandatory minimum, for the obstruction charge. He received a consecutive five-year prison term for the battery charge. Mr. Heath argues that the sentences are illegal because the charges arise from a…