Baley v. State

Full title: PATRICK WAYNE BALEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 8, 1981

396 So. 2d 810 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-694.

April 8, 1981.

Appeal from Circuit Court, Orange County; Frank N. Kaney, Judge.

Harry W. Carls, III, Public Defender, and Thomas E. Doss, III, Asst. Public Defender, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from a denial of post-conviction relief which was sought under Florida Rule of Criminal Procedure 3.850 from an illegal sentence. The sentence is reversed and this cause is remanded to the trial court for resentencing. Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1980) (rehearing pending).

ORFINGER and FRANK D. UPCHURCH. Jr., JJ., concur.