Narrative Opinion Summary
The court affirmed the lower court's decision. It noted that the sentence may be illegal under the precedent set by Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981). However, this affirmation does not prevent the appellant from pursuing resentencing by filing a motion to vacate in the trial court as allowed by Florida Rule of Criminal Procedure 3.850. The opinion was concurred by Chief Judge Scheb and Judges Ryder and Schoonover.
Legal Issues Addressed
Affirmation of Lower Court's Decisionsubscribe to see similar legal issues
Application: The appellate court upheld the decision made by the lower court despite potential issues with the legality of the sentence.
Reasoning: The court affirmed the lower court's decision.
Potential Illegality of Sentencesubscribe to see similar legal issues
Application: The court noted the sentence may be illegal in light of the precedent set by a prior case, Villery v. Florida Parole and Probation Commission.
Reasoning: It noted that the sentence may be illegal under the precedent set by Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).
Right to Seek Resentencingsubscribe to see similar legal issues
Application: The appellant retains the right to pursue a motion to vacate the sentence for potential resentencing in the trial court under the specified Florida Rule of Criminal Procedure.
Reasoning: However, this affirmation does not prevent the appellant from pursuing resentencing by filing a motion to vacate in the trial court as allowed by Florida Rule of Criminal Procedure 3.850.