Narrative Opinion Summary
Michael Barclay, the appellant, filed a rule 3.800(a) motion with five claims against the State of Florida. The District Court of Appeal of Florida, First District, affirmed the trial court's denial of all claims except for one. The court found that the trial court improperly sentenced Barclay to drug offender probation for his conviction of driving with a permanently revoked license, which is not permissible under Florida law. Citing the precedent in Fundora v. State, the court reversed this aspect of the sentence and remanded the case for the trial court to strike the imposition of drug offender probation. The decision concluded with the court affirming in part and reversing and remanding in part, with Judges Kahn, Van Nortwick, and Padovano concurring.
Legal Issues Addressed
Affirmation and Partial Reversal of Trial Court's Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the trial court's decision on all claims except the improper sentencing issue, which was reversed and remanded.
Reasoning: The District Court of Appeal of Florida, First District, affirmed the trial court's denial of all claims except for one.
Reversal and Remand for Improper Sentencingsubscribe to see similar legal issues
Application: The court reversed the portion of the sentence that imposed drug offender probation and remanded the case for modification of the sentence.
Reasoning: Citing the precedent in Fundora v. State, the court reversed this aspect of the sentence and remanded the case for the trial court to strike the imposition of drug offender probation.
Sentencing Under Florida Lawsubscribe to see similar legal issues
Application: The court ruled that imposing drug offender probation for a conviction of driving with a permanently revoked license is not permissible.
Reasoning: The court found that the trial court improperly sentenced Barclay to drug offender probation for his conviction of driving with a permanently revoked license, which is not permissible under Florida law.