Phelps v. State

District Court of Appeal of Florida

Phelps v. State

9 So. 3d 54, 2009 Fla. App. LEXIS 2279, 2009 WL 724046

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 2009

DocketNo. 2D08-2010

StatusPublished

This text of 9 So. 3d 54 (Phelps 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

Phelps v. State, 9 So. 3d 54, 2009 Fla. App. LEXIS 2279, 2009 WL 724046 (Fla. Ct. App. 2009).

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Opinion

WHATLEY, Judge.

Rodney Lee Phelps appeals the order denying his motion for postconviction relief. The trial court properly denied Phelps’ motion on all grounds except ground one, in which he alleged he received an illegal sentence. Accordingly, we reverse Phelps’ sentence and remand to the trial court with directions that it treat ground one as a motion to correct illegal sentence and strike the habitual offender designation. See Rule v. State, 997 So.2d 1274 (Fla. 2d DCA 2009) (holding that concurrent and coterminous habitual offender and prison releasee reoffender sentences violate Prison Releasee Reoffen-der Act; directing the striking of the habitual offender designation).

Affirmed in part; reversed in part; and remanded.

NORTHCUTT, C.J., and LaROSE, J., concur.

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WHATLEY, Judge.

Rodney Lee Phelps appeals the order denying his motion for postconviction relief. The trial court properly denied Phelps’ motion on all grounds except ground one, in which he alleged he received an illegal sentence. Accordingly, we reverse Phelps’ sentence and remand to the trial court with directions that it treat ground one as a motion to correct illegal sentence and strike the habitual offender designation. See Rule v. State, 997 So.2d 1274 (Fla. 2d DCA 2009) (holding that concurrent and coterminous habitual offender and prison releasee reoffender sentences violate Prison Releasee Reoffen-der Act; directing the striking of the habitual offender designation).

Affirmed in part; reversed in part; and remanded.

NORTHCUTT, C.J., and LaROSE, J., concur.

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Bluebook (online)

9 So. 3d 54, 2009 Fla. App. LEXIS 2279, 2009 WL 724046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-fladistctapp-2009.

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