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Florida District Courts of Appeal, 2007

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided June 27, 2007 · Barfield, Browning, Roberts
959 So. 2d 1239; 2007 Fla. App. LEXIS 10202; 2007 WL 1827486 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

BARFIELD and ROBERTS, JJ., concur; BROWNING, C.J., concurs with written opinion.

Concurring Opinion

BROWNING, C.J.,

concurring.

I concur with the result. I write only to state that Appellant’s sentence is clearly illegal and this court would be compelled to reverse had Appellant preserved such sentencing error as required. See Brannon v. State, 850 So.2d 452, 456 (Fla. 2003); *1240see also Fla. R.Crim. P. 3.800(b), and § 958.04(2), Fla. Stat. (2001).

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