JOHN DANIEL COFFEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-09-30
No. 80-1647
SCHEB, C. J., and HOBSON and CAMPBELL, JJ., concur.
403 So. 2d 1152 Florida District Court of Appeal, Second District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So. 2d 1107 (Fla.1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

SCHEB, C. J., and HOBSON and CAMPBELL, JJ., concur.


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Cited By

  • Kindell v. State, 413 So. 2d 1283 (Fla. 3d DCA 1982)
    …rrection of the sentence but observe that this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. Coffey v. State, 403 So. 2d 1152 (Fla. 2d DCA 1981). Affirmed in part and reversed in part.…
  • Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981)
    …AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings. HOBSON and OTT, JJ., concur. . For our comments on the application oí the principles of Villery, see Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981), and Coffey v. State, 403 So. 2d 1152 (Fla. 2d DCA 1981).…

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