Johnson v. State

Full title: BENNIE R. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 25, 2002

832 So. 2d 794 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 4D02-1928

Opinion filed September 25, 2002 Rehearing Denied November 5, 2002.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 96-987 CF10A.

Bennie R. Johnson, Malone, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the summary denial of motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) as we did in Montgomery v. State, 821 So.2d 464 (Fla. 4th DCA 2002), and once again certify conflict with Batchelor v. State, 729 So.2d 956, 958 (Fla. 1st DCA 1999), State v. Freeman, 775 So.2d 344 (Fla. 2d DCA 2000); and, Negron v. State, 799 So.2d 1126 (Fla. 5th DCA 2001).

KLEIN, SHAHOOD and TAYLOR, JJ., concur.