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Florida District Courts of Appeal, 1998

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided August 25, 1998 · Larry, Miner, Smith, Webster
716 So. 2d 824; 1998 Fla. App. LEXIS 10784; 1998 WL 531266 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

We reverse the denial of appellant’s motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a), and remand for further consideration in light of the supreme court’s recent opinion in State v. Mancino, 714 So.2d 429, 433 (Fla. 1998) (“A sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal’ ”).

REVERSED and REMANDED, with directions.

MINER and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, concur.

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