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Florida District Courts of Appeal, 1987

Garcia v. State

Garcia v. State
Florida District Courts of Appeal · Decided July 14, 1987 · Hendry, Nesbitt, Schwartz
511 So. 2d 621; 12 Fla. L. Weekly 1701; 1987 Fla. App. LEXIS 9327 (Southern Reporter, Second Series)

Garcia v. State

Opinion of the Court

PER CURIAM.

By petition for habeas corpus, Garcia claims to have been sentenced in excess of the maximum amount prescribed by law.1 A review of Garcia v. State, 507 So.2d 124 (Fla. 3d DCA 1987), affirming the denial of petitioner's motion filed pursuant to Florida Rule of Criminal Procedure 3.850, reveals that petitioner was sentenced to only one mandatory minimum term.

Habeas corpus denied.

. The legality of Garcia’s sentence may be properly challenged by a petition for habeas corpus. See Sparkman v. State Prison Custodian, 154 Fla. 688, 18 So.2d 772 (1944); R.J.K. v. State, 375 So.2d 871 (Fla. 1st DCA 1979).

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