Howard v. State

ON MOTION FOR REHEARING GRANTED

The panel opinion of July 12,1994, is withdrawn, and this opinion is substituted in its place.

A jury found the appellant guilty of burglary of an unoccupied dwelling. The trial court, however, adjudicated him guilty of burglary of an occupied dwelling, categorizing this offense as a second degree felony. The appellant was sentenced to 12 years in prison, with the sentence to run concurrently to a separate sentence that the appellant was already serving.

The appellant now challenges his sentence by way of a motion to correct an illegal sentence. See Flá.R.Crim.P.…