Barclay v. State
This text of 993 So. 2d 110 (Barclay 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
Michael BARCLAY, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Michael Barclay, pro se, Appellant.
Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
The appellant has filed a rule 3.800(a) motion raising five claims. We affirm the trial court's denial of all but the claim that the trial court improperly sentenced the appellant to drug offender probation for the conviction of driving with a permanently revoked license. The trial court cannot impose drug offender probation for this offense. See Fundora v. State, 972 So.2d 296 (Fla. 1st DCA 2008). We therefore reverse and remand for the trial court to strike the imposition of drug offender probation from the appellant's sentence.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
KAHN, VAN NORTWICK, and PADOVANO, concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
993 So. 2d 110, 2008 WL 4629821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barclay-v-state-fladistctapp-2008.