JAMES BARRINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES BARRINER, APPELLANT,
STATE OF FLORIDA, APPELLEE
627 So. 2d 624
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order denying James Barriner’s 3.800 motion which sought to correct his sentences in two cases; however, we modify the judgment in case no. 89-8387-CF below to reflect that possession of a firearm by a convicted felon is a second-degree, not a third-degree, felony.
AFFIRMED as MODIFIED.
COBB, GRIFFIN and DIAMANTIS, JJ., concur.
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Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002)…endere plea in August 1992, and his sentences in ten different cases encompassing twelve counts, as a violent habitual offender. He appealed and, in December 1993, this court corrected a sentence in one case and affirmed the balance. Brown v. State, 627 So. 2d 624 (Fla. 5th DCA 1993), rev. dismissed, 634 So. 2d 622 (Fla.1994). He then filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, attacking his sentences on three bases. First, he claimed that the trial court erred in imposing an habitua…
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Wardell v. State, 631 So. 2d 1130 (Fla. 5th DCA 1994)…ell was originally convicted of the second-degree felony of burglary of a dwelling as opposed to the third-degree felony of resisting an officer with violence. See Drumwright v. State, 572 So. 2d 1029 (Fla. 5th DCA 1991). See also Barriner v. State, 627 So. 2d 624 (Fla. 5th DCA 1993). However, we must vacate the trial court’s order which placed Wardell on probation for an additional five years for the third-degree felonies of resisting arrest with violence (case number 91-1204) and burglary of a structure a…