Florida District Courts of Appeal, 1981

Bates v. State

Bates v. State
Florida District Courts of Appeal · Decided September 30, 1981 · Campbell, Danahy, Hobson
403 So. 2d 1153; 1981 Fla. App. LEXIS 21198 (Southern Reporter, Second Series)

Bates v. State

Opinion of the Court

PER CURIAM.

Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So.2d 1107 (Fla. 1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

HOBSON, A. C. J., and DANAHY and CAMPBELL, JJ., concur.

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