Johnson v. State

Full title: Aldrin JOHNSON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jun 27, 2007

959 So. 2d 1239 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-2032.

June 27, 2007.

An appeal from the Circuit Court for Leon County, John C. Cooper, Judge.

M. Lilja Dandelake of Frank E. Sheffield, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

BARFIELD and ROBERTS, JJ., concur; BROWNING, C.J., concurs with written 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); see also Fla.R.Crim.P. 3.800(b), and § 958.04(2), Fla. Stat. (2001).