Florida District Courts of Appeal, 1981

Prescott v. State

Prescott v. State
Florida District Courts of Appeal · Decided September 30, 1981 · Grimes, Hobson, Scheb
403 So. 2d 1153; 1981 Fla. App. LEXIS 21200 (Southern Reporter, Second Series)

Prescott 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.

SCHEB, C. J., and HOBSON and GRIMES, JJ., concur.

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