Legal Opinion

Span v. State

District Court of Appeal of Florida

Decided August 28, 2014No. 1D14-2155Published

1Per curiam

In 2000, Appellant was convicted of two first-degree felonies punishable by life and was sentenced as a habitual violent felony *986offender (HVFO) to 26 years in prison with a 10-year mandatory minimum term. In 2014, Appellant filed a rule 3.800(a) motion in which he claimed that his sentence is illegal because, under section 775.084(4)(b)l., Florida Statutes (1999), the trial court did not have the authority to sentence him as an HVFO to a term-of-years sentence. The trial court summarily denied the motion. We affirm.

Appellant’s term-of-years sentence is not illegal. The Florida Supreme Court…

2Cases cited5 opinions

  1. Burdick v. StateSupreme Court of Florida · 1992
  2. Allen v. StateSupreme Court of Florida · 1992
  3. State v. EasonSupreme Court of Florida · 1992
  4. Copeland v. StateDistrict Court of Appeal of Florida · 2013
  5. SHINGLER v. StateDistrict Court of Appeal of Florida · 2011

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