PHILLIP ADLINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PHILLIP ADLINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
840 So. 2d 354
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the order of the trial court denying appellant’s motion to correct an illegal sentence on the authority of Bover v. State, 797 So. 2d 1246, 1248-49 (Fla.2001), which held that “if a habitual offender sentence is imposed when, as a matter of law, the defendant was not subject to habitualization, the resulting habitual offender sentence can be corrected as illegal provided the error is apparent from, the face of the record.” (citation omitted) (emphasis added). Here, the error alleged is hot apparent on the face of the record.
WARNER, KLEIN and GROSS, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hampton v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006)…imely and sufficient rule 3.850 motion alleging, if he can, that he does not actually qualify for sentencing as a habitual felony offender or as a prison releasee reoffender. Bover v. State, 797 So. 2d 1246, 1251 n. 5 (Fla.2001); Adlington v. State, 840 So. 2d 354 (Fla. 4th DCA), rev. denied, 859 So. 2d 513 (Fla.2003); Macaluso v. State, 912 So. 2d 694, 695-96 (Fla. 2d DCA 2005). KLEIN, TAYLOR and MAY, JJ., concur.…
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Childs v. State, 941 So. 2d 388 (Fla. 2d DCA 2005)…PER CURIAM. Affirmed. See Nunez v. State, 912 So. 2d 693 (Fla. 2d DCA 2005); Adams v. State, 774 So. 2d 941 (Fla. 2d DCA 2001); Adlington v. State, 840 So. 2d 354 (Fla. 4th DCA), review denied, 859 So. 2d 513 (Fla.2003); State v. Waldron, 835 So. 2d 1217 (Fla. 5th DCA 2003); Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002). NORTHCUTT, SALCINES, and STRINGER, JJ., Concur.…
Authorities Cited
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)