Florida District Courts of Appeal, 1982

Wheeler v. State

Wheeler v. State
Florida District Courts of Appeal · Decided February 3, 1982 · Ryder, Scheb, Schoonover
412 So. 2d 17; 1982 Fla. App. LEXIS 29172 (Southern Reporter, Second Series)

Wheeler 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 filing a motion to vacate in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

SCHEB, C. J., and RYDER and SCHOONOVER, JJ., concur.

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