Cabrera v. State

Humberto Cabrera [“Cabrera”] appeals the denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm.

On April 22, 2003, Cabrera was convicted of one count of sexual battery against a mentally defective person, two counts of lewd and lascivious behavior, and two counts of battery. The trial court then dismissed the battery counts and sentenced Cabrera to serve twenty years in the Department of Corrections on the sexual battery charge, and sixty days in the county jail on the lewd and lascivious behavior counts. The sentences were to run…