Legal Opinion

Martin v. State

District Court of Appeal of Florida

Decided October 6, 2004No. 3D04-1375PublishedCited by 2 opinions

1Per curiam

Timothy Martin appeals the summary denial of his motion to correct illegal sentence pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure alleging that his sentence was based on an improperly calculated scoresheet. We previously held in Martin v. State, 795 So.2d 143 (Fla. 3d DCA 2001), that under the version of the habitual offender statute then in effect, Martin could not be sentenced as a habitual offender in count five because the statute did not authorize habitualization for a life felony. We therefore remanded the ease to the trial court with directions to strike the…

2Cases cited2 opinions

  1. Bover v. StateSupreme Court of Florida · 2001
  2. Martin v. StateDistrict Court of Appeal of Florida · 2001

3Cited by2 opinions

  1. Butler v. StateDistrict Court of Appeal of Florida · 2011
  2. Cunningham v. StateDistrict Court of Appeal of Florida · 2013

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