Downs v. State
Florida District Courts of Appeal
Downs v. State, 768 So. 2d 1149 (2000)
2000 Fla. App. LEXIS 11170; 2000 WL 1234270
Blue, Davis, Whatley
Downs v. State
Opinion of the Court
Ellis D. Downs appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm on the basis of Burgess v. State, 764 So.2d 749 (Fla. 2d DCA 2000). We certify the same question we certified in Burgess, which is:
AFTER THE HOLDING IN CALLA-WAY,1 CAN A TRIAL COURT RELY UPON A SWORN ARREST REPORT IN THE COURT FILE TO DETERMINE, AS A MATTER OF LAW, THAT CONSECUTIVE HABITUAL OFFENDER SENTENCES ARE ILLEGAL? '
Affirmed; question certified.
. State v. Callaway, 658 So.2d 983 (Fla. 1995), receded from on other grounds by Dixon v. State, 730 So.2d 265 (Fla. 1999).
Reference
- Full Case Name
- Ellis D. DOWNS v. STATE of Florida
- Cited By
- 1 case
- Status
- Published