DONALD K. LANG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-02-20
No. 1D00-1569
778 So. 2d 464 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s summary denial of postconviction relief. We grant the petition for a belated appeal from appellant’s judgment and sentence in Clay County case number 99-1165. Upon issuance of mandate, a copy of this opinion shall be provided to the clerk of the trial court for treatment as a notice of appeal. See Fla. R.App. P. 9.140(j)(5)(D). If the appellant qualifies for appointed counsel, the trial court shall appoint counsel to represent him on appeal.

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  • Evans Darling v. State, 886 So. 2d 417 (Fla. 1st DCA 2004)
    …s of probation, the 30.5-year sentence exceeds the 30-year statutory maximum for attempted first degree murder. Furthermore, Appellant cannot assent to an illegal sentence by entering into a negotiated plea agreement with the State. Taylor v. State, 778 So. 2d 464, 465 (Fla. 1st DCA 2001). Because Appellant’s sentence fails to comport with statutory limitations and the illegality is revealed by the record without any need for an evidentiary determination, State v. Mancino, 714 So. 2d 429 (Fla.1998), Appellant…
  • Maricka L. Latson v. State, 882 So. 2d 1091 (Fla. 1st DCA 2004)
    …appellant’s sentence is above the statutory maximum sentence of 15 years for a second-degree felony and the illegality is not extinguished simply because he pled to this offense. See State v. Mancino, 714 So. 2d 429, 433 (Fla.1998); Taylor v. State, 778 So. 2d 464, 465 (Fla. 1st DCA 2001). Therefore, the appellant’s claim of an illegal sentence in regard to his conviction for'his possession of a firearm by a convicted felon was improperly denied. AFFIRMED in part, REVERSED in part and REMANDED for further…
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