Florida District Courts of Appeal, 1997

Thomas v. State of Florida

Florida District Courts of Appeal · Decided July 9, 1997 · Jorgenson, Levy, Schwartz

696 So. 2d 534; 1997 Fla. App. LEXIS 7769; 1997 WL 375060 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Defendant appeals from the denial of his motion to correct an illegal sentence. Although defendant sought relief pursuant to Fla.R.Crim.P. 3.800, we treat this as a mo*535tion for postconviction relief pursuant to Fla. R.Crim.P. 3.850. See Davis v. State, 661 So.2d 1193 (Fla. 1995) (illegal sentence is one that exceeds maximum period set forth by law for particular offense without regard to guidelines).

We find no error in the trial court’s denial of the motion, and affirm.

AFFIRMED.

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