Robinson v. State

133 So. 3d 1120, 2014 WL 483678, 2014 Fla. App. LEXIS 1739
CourtDistrict Court of Appeal of Florida
DecidedFebruary 7, 2014
DocketNo. 1D13-4470
StatusPublished

This text of 133 So. 3d 1120 (Robinson 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
Robinson v. State, 133 So. 3d 1120, 2014 WL 483678, 2014 Fla. App. LEXIS 1739 (Fla. Ct. App. 2014).

Opinion

PER CURIAM.

We affirm the denial of the appellant’s postconviction motion brought pursuant to Florida Rule of Criminal Procedure 3.800(a). However, we remand for the correction of the judgment to reflect the proper classification of the appellant’s convictions of armed robbery as first-degree felonies punishable by life. See Muyico v. State, 50 So.3d 1227 (Fla. 4th DCA 2011) (denying a rule 3.800(a) motion raising a claim of the improper reclassification of robbery with a firearm to a life felony, but remanding for correction of the judgment to reflect that the offense was a first-degree felony punishable by life). Appellant need not be present for the correction of this error.

AFFIRMED but REMANDED to correct the written sentence in case number 1981-CF-5100 to reflect the classification of both offenses as first-degree felonies punishable by life.

THOMAS, MARSTILLER, and MAKAR, JJ., concur.

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Related

MUYICO v. State
50 So. 3d 1227 (District Court of Appeal of Florida, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
133 So. 3d 1120, 2014 WL 483678, 2014 Fla. App. LEXIS 1739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-fladistctapp-2014.