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State v. Baker

Citations: 8 So. 3d 496; 2009 Fla. App. LEXIS 4246; 2009 WL 1260337Docket: No. 2D08-1053

Court: District Court of Appeal of Florida; May 8, 2009; Florida; State Appellate Court

Narrative Opinion Summary

The State appeals the sentence imposed following the trial court's granting of Baker's motion to correct an illegal sentence in Pinellas County case number CRC83-10641CFANO. The appellate court affirms the trial court's decision. However, the affirmance does not resolve whether the newly imposed sentence will affect Baker's challenge to the habitual offender sentence in Seminole County case number CRC91-2533CFANO, as this issue is to be determined by the circuit court of Seminole County. Judges Casanueva and Wallace concur with the decision.

Legal Issues Addressed

Appellate Review of Sentence Correction

Application: The appellate court's affirmation of the trial court's decision does not address the impact on Baker's related legal challenges in other jurisdictions.

Reasoning: The appellate court affirms the trial court's decision. However, the affirmance does not resolve whether the newly imposed sentence will affect Baker's challenge to the habitual offender sentence in Seminole County case number CRC91-2533CFANO.

Correction of Illegal Sentence

Application: The appellate court affirms the trial court's decision to correct an illegal sentence upon Baker's motion in the Pinellas County case.

Reasoning: The State appeals the sentence imposed following the trial court's granting of Baker's motion to correct an illegal sentence in Pinellas County case number CRC83-10641CFANO.

Jurisdictional Determination of Sentence Impact

Application: The issue of whether the corrected sentence affects Baker's habitual offender status in a separate case is to be addressed by a different circuit court.

Reasoning: This issue is to be determined by the circuit court of Seminole County.