Florida District Courts of Appeal, 1997

Garcia v. State

Garcia v. State
Florida District Courts of Appeal · Decided April 23, 1997 · Cope, Goderich, Nesbitt
691 So. 2d 1209; 1997 Fla. App. LEXIS 4184; 1997 WL 194856 (Southern Reporter, Second Series)

Garcia v. State

Opinion of the Court

PER CURIAM.

Angel Garcia appeals the denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm on authority of Davis v. State, 661 So.2d 1193 (Fla. 1995), which states that β€œan illegal sentence is one that exceeds the maximum period set forth by law without regard to the guidelines.” Id. at 1196; see also Fagundo v. State, 667 So.2d 476 (Fla. 3d DCA 1996).

Affirmed.

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