Joyce v. State

District Court of Appeal of Florida

Joyce v. State

404 So. 2d 850, 1981 Fla. App. LEXIS 21365

CourtDistrict Court of Appeal of Florida

DecidedOctober 14, 1981

DocketNo. 80-1564

StatusPublished

Cited by2 cases

This text of 404 So. 2d 850 (Joyce 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.

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Joyce v. State, 404 So. 2d 850, 1981 Fla. App. LEXIS 21365 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

ON REHEARING

We withdraw our opinion issued on August 5, 1981 in this cause. The Public Defender’s motion to withdraw is granted and appellant’s conviction is affirmed. Although appellant’s sentence is in violation of Villery v. Florida Parole & Probate Commission, 396 So.2d 1107 (Fla. 1981), since appellant did not make application to have it corrected, we will not remand for resen-tencing. As so aptly pointed out by the Public Defender, under Villery, appellant may, on resentencing, be subject to a longer term of imprisonment than he is presently serving. Accordingly, appellant should be afforded the option of declining correction of his sentence.

Nothing in this opinion prevents appellant from filing a motion to correct an illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure.

AFFIRMED.

DOWNEY, MOORE and HERSEY, JJ., concur.

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PER CURIAM.

ON REHEARING

We withdraw our opinion issued on August 5, 1981 in this cause. The Public Defender’s motion to withdraw is granted and appellant’s conviction is affirmed. Although appellant’s sentence is in violation of Villery v. Florida Parole & Probate Commission, 396 So.2d 1107 (Fla. 1981), since appellant did not make application to have it corrected, we will not remand for resen-tencing. As so aptly pointed out by the Public Defender, under Villery, appellant may, on resentencing, be subject to a longer term of imprisonment than he is presently serving. Accordingly, appellant should be afforded the option of declining correction of his sentence.

Nothing in this opinion prevents appellant from filing a motion to correct an illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure.

AFFIRMED.

DOWNEY, MOORE and HERSEY, JJ., concur.

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404 So. 2d 850, 1981 Fla. App. LEXIS 21365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joyce-v-state-fladistctapp-1981.

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