Dunbar v. State

District Court of Appeal of Florida

Dunbar v. State

842 So. 2d 244, 2003 Fla. App. LEXIS 4753, 2003 WL 1823515

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 2003

DocketNo. 2D02-4226

StatusPublished

This text of 842 So. 2d 244 (Dunbar 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

Dunbar v. State, 842 So. 2d 244, 2003 Fla. App. LEXIS 4753, 2003 WL 1823515 (Fla. Ct. App. 2003).

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Opinion

STRINGER, Judge.

Terrell Dunbar challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Dunbar argues that his sentence as a habitual felony offender is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002).¹ We affirm the decision of the trial court because Dunbar does not affirmatively allege that he received a minimum mandatory sentence under section 893.13, Florida Statutes (2001), and was therefore affected by the amendments contained within chapter 99 188. Dunbar is therefore not entitled to relief under Taylor.

Affirmed.

WHATLEY and NORTHCUTT, JJ., Concur.

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STRINGER, Judge.

Terrell Dunbar challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Dunbar argues that his sentence as a habitual felony offender is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002).¹ We affirm the decision of the trial court because Dunbar does not affirmatively allege that he received a minimum mandatory sentence under section 893.13, Florida Statutes (2001), and was therefore affected by the amendments contained within chapter 99 188. Dunbar is therefore not entitled to relief under Taylor.

Affirmed.

WHATLEY and NORTHCUTT, JJ., Concur.

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842 So. 2d 244, 2003 Fla. App. LEXIS 4753, 2003 WL 1823515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunbar-v-state-fladistctapp-2003.

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