Cedric Dennard v. State
District Court of Appeal of Florida
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
- State v. McBrideSupreme Court of Florida · 2003
- Maddox v. StateSupreme Court of Florida · 2000
- Cooper v. StateDistrict Court of Appeal of Florida · 2007