Sheppard v. State

District Court of Appeal of Florida

Sheppard v. State

45 So. 3d 816, 2010 Fla. App. LEXIS 11722, 2010 WL 3154846

District Court of Appeal of Florida·Decided August 11, 2010·No. 3D10-161·Published·Cited by 1 cases

Opinion

WELLS, Judge.

Richard L. Sheppard appeals an order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State’s proper confession of error, we reverse the “hard labor” condition of the defendant’s life sentence for second degree murder and remand with instructions that the lower court strike this condition. The defendant need not be present for resentencing. We affirm the denial of the balance of the motion in all respects.

Affirmed in part, reversed in part, and remanded with instructions.

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WELLS, Judge.

Richard L. Sheppard appeals an order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State’s proper confession of error, we reverse the “hard labor” condition of the defendant’s life sentence for second degree murder and remand with instructions that the lower court strike this condition. The defendant need not be present for resentencing. We affirm the denial of the balance of the motion in all respects.

Affirmed in part, reversed in part, and remanded with instructions.

Sheppard v. State, 45 So. 3d 816, 2010 Fla. App. LEXIS 11722, 2010 WL 3154846 (Fla. Ct. App. 2010).

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Opinion

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