Petruny v. State

District Court of Appeal of Florida

Petruny v. State

944 So. 2d 481, 2006 Fla. App. LEXIS 19948, 2006 WL 3422155

CourtDistrict Court of Appeal of Florida

DecidedNovember 29, 2006

DocketNo. 4D04-2053

StatusPublished

Cited by1 cases

This text of 944 So. 2d 481 (Petruny 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

Petruny v. State, 944 So. 2d 481, 2006 Fla. App. LEXIS 19948, 2006 WL 3422155 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The supreme court recently quashed our 2004 opinion in this case and remanded the case for reconsideration in light of State v. Richardson, 915 So.2d 86 (Fla.2005).

This is an appeal of the summary denial of appellant’s motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Appellant entered pleas in two robbery cases. The trial court adjudicated appellant a habitual felony offender in each case. Appellant’s probation sentence in one case and community control sentence in the second case constitute “sentences” as contemplated by section 775.084(5), Florida Statutes (1999). See Richardson, 915 So.2d at 89. We therefore affirm the ruling of the circuit court.

GUNTHER, WARNER and GROSS, JJ., concur.

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PER CURIAM.

The supreme court recently quashed our 2004 opinion in this case and remanded the case for reconsideration in light of State v. Richardson, 915 So.2d 86 (Fla.2005).

This is an appeal of the summary denial of appellant’s motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Appellant entered pleas in two robbery cases. The trial court adjudicated appellant a habitual felony offender in each case. Appellant’s probation sentence in one case and community control sentence in the second case constitute “sentences” as contemplated by section 775.084(5), Florida Statutes (1999). See Richardson, 915 So.2d at 89. We therefore affirm the ruling of the circuit court.

GUNTHER, WARNER and GROSS, JJ., concur.

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944 So. 2d 481, 2006 Fla. App. LEXIS 19948, 2006 WL 3422155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petruny-v-state-fladistctapp-2006.

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