Florida District Courts of Appeal, 1981

Green v. State

Green v. State
Florida District Courts of Appeal · Decided December 30, 1981 · Campbell, Grimes, Scheb
407 So. 2d 1066; 1981 Fla. App. LEXIS 22055 (Southern Reporter, Second Series)

Green 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. 1981). 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 GRIMES and CAMPBELL, JJ., concur.

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