Bates v. State

District Court of Appeal of Florida

Bates v. State

403 So. 2d 1153, 1981 Fla. App. LEXIS 21198

Procedural entryThis page is a short order in Bates v. State. Read the opinion of the Court — 422 So. 2d 1033 →

District Court of Appeal of Florida·Decided September 30, 1981·No. No. 81-179·Published

Opinion

PER CURIAM.

Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So.2d 1107 (Fla.1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

HOBSON, A. C. J., and DANAHY and CAMPBELL, JJ., concur.

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PER CURIAM.

Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So.2d 1107 (Fla.1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

HOBSON, A. C. J., and DANAHY and CAMPBELL, JJ., concur.

Bates v. State, 403 So. 2d 1153, 1981 Fla. App. LEXIS 21198 (Fla. Ct. App. 1981).

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Opinion

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