Bogard v. State

District Court of Appeal of Florida

Bogard v. State

470 So. 2d 767, 1985 Fla. App. LEXIS 14520

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1985

DocketNo. 84-1889

StatusPublished

This text of 470 So. 2d 767 (Bogard 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.

Bluebook

Bogard v. State, 470 So. 2d 767, 1985 Fla. App. LEXIS 14520 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

Rather than employ the “right for the wrong reason” doctrine, see, e.g., Phillips v. Mease Hospital and Clinic, 445 So.2d 1058 (Fla. 2d DCA 1984), we have decided to reverse the trial court’s sentence on Count I on the authority of Fasenmyer v. State, 457 So.2d 1361 (Fla.1984). This action is without prejudice to the trial court’s right, following proper notice, to determine whether the original sentence is illegal and thus subject to correction under rule 3.800(a), Fla.R.Crim.P.

REVERSED.

ANSTEAD, C.J., HURLEY, J., and SALMON, MICHAEL H., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Rather than employ the “right for the wrong reason” doctrine, see, e.g., Phillips v. Mease Hospital and Clinic, 445 So.2d 1058 (Fla. 2d DCA 1984), we have decided to reverse the trial court’s sentence on Count I on the authority of Fasenmyer v. State, 457 So.2d 1361 (Fla.1984). This action is without prejudice to the trial court’s right, following proper notice, to determine whether the original sentence is illegal and thus subject to correction under rule 3.800(a), Fla.R.Crim.P.

REVERSED.

ANSTEAD, C.J., HURLEY, J., and SALMON, MICHAEL H., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

470 So. 2d 767, 1985 Fla. App. LEXIS 14520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogard-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack