Florida District Courts of Appeal, 1981

Buffa v. State

Buffa v. State
Florida District Courts of Appeal · Decided October 7, 1981 · Campbell, Hobson, Ott
404 So. 2d 415; 1981 Fla. App. LEXIS 21313 (Southern Reporter, Second Series)

Buffa 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. Florida Parole & Probation Commission, 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 OTT and CAMPBELL, JJ., concur.

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