Adan v. State
This text of 979 So. 2d 1132 (Adan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Alain ADAN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
The trial judge correctly denied relief on the 3.800(b)(2) motion to correct sentencing error filed in lower court case number 04-485CF. In lower court case number 04-682CF, appellant correctly asserts that the maximum sentence the trial judge could have imposed was 364 days. Porter v. State, 940 So.2d 579 (Fla. 1st DCA 2006). Appellant's 365-day sentence was therefore illegal. The sentence, however, was imposed on September 12, 2006, and was imposed to run concurrent with the sentence in lower court case number 04-485CF. Accordingly, the error is moot.
AFFIRMED.
BARFIELD, POLSTON, and ROBERTS, JJ., concur.
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Cite This Page — Counsel Stack
979 So. 2d 1132, 2008 WL 1696712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adan-v-state-fladistctapp-2008.