Frye v. State

District Court of Appeal of Florida

Frye v. State

802 So. 2d 1223, 2002 Fla. App. LEXIS 204, 2002 WL 54485

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 2002

DocketNo. 3D01-2107

StatusPublished

This text of 802 So. 2d 1223 (Frye 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

Frye v. State, 802 So. 2d 1223, 2002 Fla. App. LEXIS 204, 2002 WL 54485 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

As the State properly concedes, the appellant’s motion to clarify illegal sentence should be granted. On remand, the trial court is directed to clarify the following: that the re-sentencing order is nunc pro tunc to the original sentencing date of May 18, 1996; that the sentence should include the sentence for count 7, the severed unlawful possession of a firearm conviction; that all sentences are to run concurrent; and that the appellant did not receive a habitual violent offender sentence as to count 3, the burglary conviction that was overturned on appeal.

Remanded with directions.

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PER CURIAM.

As the State properly concedes, the appellant’s motion to clarify illegal sentence should be granted. On remand, the trial court is directed to clarify the following: that the re-sentencing order is nunc pro tunc to the original sentencing date of May 18, 1996; that the sentence should include the sentence for count 7, the severed unlawful possession of a firearm conviction; that all sentences are to run concurrent; and that the appellant did not receive a habitual violent offender sentence as to count 3, the burglary conviction that was overturned on appeal.

Remanded with directions.

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Bluebook (online)

802 So. 2d 1223, 2002 Fla. App. LEXIS 204, 2002 WL 54485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frye-v-state-fladistctapp-2002.