Legal Opinion · Dissent

Cedric Dennard v. State

District Court of Appeal of Florida

Decided August 20, 2014No. 4D13-3610Published

1DissentWarner, J.

The appellant has moved to certify questions to the supreme court as questions of great public importance. I think the majority wrongly applies the “no manifest injustice” exception in State v. McBride, 848 So.2d 287, 291-92 (Fla.2003), to this case, where all the sentences are illegal. It also conflicts with Cooper v. State, 960 So.2d 849, 851 (Fla. 1st DCA 2007) (holding the fact that a court could have imposed consecutive sentences to impose the same overall sentence does not cure an illegal sentence, which requires resentenc-ing). Therefore I would certify the following question:

WHERE THE…

2Cases cited3 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Maddox v. StateSupreme Court of Florida · 2000
  3. Cooper v. StateDistrict Court of Appeal of Florida · 2007

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