Small v. State

NIMMONS, Judge.

Small appeals from the trial court’s order denying his Fla.R.Cr.P. 3.800 motion alleging he was sentenced in excess of the statutory maximum. He says he was convicted of only simple robbery, a second degree felony, and that the life sentence he received was therefore illegal. We affirm.

Small was charged with armed robbery, the indictment alleging that he carried a firearm (a pistol). Although the judgment and sentence lists the offense generically as “robbery,” 1 both the jury verdict and the “clerk’s memorandum of trial” show that the defendant was found guilty “as charged.”

Thi…