Hester v. State
Hester v. State
Opinion of the Court
John Hester appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Hester stated in his motion that he was sentenced to an indeterminate life sentence for a conviction of robbery without a firearm on March 6, 1975. Hester claimed that he was illegally sentenced to life because the trial court erroneously enhanced the robbery conviction by sentencing him pursuant to section 813.011, Florida Statutes (1973), which, according to Hester, had been changed at the time of his sentencing to section 812.13, Florida Statutes (1975). In denying Hester’s motion, the trial court noted that Hester was sentenced in accor
Section 813.011 states, in pertinent part, that a court may sentence an individual to a term of years up to a life sentence when that person has been convicted of simple robbery without a firearm.
Therefore, the trial court appropriately sentenced Hester under section 813.011. Accordingly, the trial court’s order denying Hester’s motion to correct an illegal sentence is affirmed.
. Section 813.011, Florida Statutes (1973), states: "Whoever, by force, violence or assault or putting in fear, feloniously robs, steals and takes away from the person or custody of another, money or other property which may be the subject of larceny, shall be guilty of a felony of the first degree, punishable by imprisonment in the state prison for life or for any lesser term of years, at the discretion of the court.”
Reference
- Full Case Name
- John HESTER v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published