Fraga v. State
Fraga v. State
695 So. 2d 743; 1996 Fla. App. LEXIS 14273; 1997 WL 107289
(Southern Reporter, Second Series)
Fraga v. State
Opinion of the Court
AFFIRMED.
070rehearing
ON PETITION FOR REHEARING OR CLARIFICATION
We reject appellant’s challenge of his mandatory minimum sentence as being improper, having earlier concluded that this issue does not meet the supreme court’s definition of an “illegal” sentence, addressable by a rule 3.800 motion, under Davis v. State, 661 So.2d 1193 (Fla. 1995); see also Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993).
Accordingly, while we deny the petition for rehearing/clarification, we certify conflict with Reyes v. State, 676 So.2d 31 (Fla. 2d DCA 1996); Butchek v. State, 686 So.2d 21 (Fla. 2d DCA 1996); and Todd v. State, 659 So.2d 1350 (Fla. 5th DCA 1995).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.