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Rigell v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jul 18, 2012
No. 4D11-2509 (Fla. Dist. Ct. App. Jul. 18, 2012)

Opinion

No. 4D11-2509

07-18-2012

FRANCIOUSHA RIGELL, Appellant, v. STATE OF FLORIDA, Appellee.

Franciousha Rigell, South Bay, pro se. No appearance required for appellee.


.

We affirm the trial court's denial of appellant's motion to correct an illegal sentence. He claims that the trial court did not pronounce habitual offender status for him when it corrected a sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) during the pendency of his original appeal of his conviction and sentence. He cites to State v. Collins, 985 So. 2d 985 (Fla. 2008), as support, but that case deals with resentencing after a reversal of the defendant's sentencing. In this case the court was merely correcting the sentence by deleting appellant's prison releasee reoffender sentence on the authority of Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999), vacated, State v. Adams, 786 So. 2d 1168 (Fla. 2001). Because this was a ministerial act, and not a complete resentencing, he was not entitled to reconsideration of his entire sentence. WARNER, POLEN and HAZOURI, JJ., concur.

* * *

Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 98002632CF10A.

Franciousha Rigell, South Bay, pro se.

No appearance required for appellee.

Not final until disposition of timely filed motion for rehearing.


Summaries of

Rigell v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jul 18, 2012
No. 4D11-2509 (Fla. Dist. Ct. App. Jul. 18, 2012)
Case details for

Rigell v. State

Case Details

Full title:FRANCIOUSHA RIGELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Jul 18, 2012

Citations

No. 4D11-2509 (Fla. Dist. Ct. App. Jul. 18, 2012)