Kerr v. State
Kerr v. State
893 So. 2d 705; 2005 Fla. App. LEXIS 1872; 2005 WL 405502
(Southern Reporter, Second Series)
Kerr v. State
Opinion of the Court
The appellant challenges the trial court’s order summarily denying his motion alleging an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant has stated a facially sufficient claim that he is entitled to resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), on Count II for robbery with a firearm, we reverse and remand for the trial court to reconsider this claim. His claim regarding Count I is without merit. See § 921.001(4)(b)2., Fla. Stat. (1995).
AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.