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Anderson v. State

District Court of Appeal of Florida, Fourth District.
Nov 4, 2015
188 So. 3d 868 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D15–2647.

11-04-2015

Robert ANDERSON, Appellant, v. STATE of Florida, Appellee.

Robert Anderson, Raiford, pro se. No appearance required for appellee.


Robert Anderson, Raiford, pro se.

No appearance required for appellee.

Opinion

PER CURIAM.

Robert Anderson appeals the denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We write only to address Anderson's claim that his life sentence as a habitual felony offender is illegal under Burdick v. State, 594 So.2d 267 (Fla.1992), because the resentencing judge mistakenly believed she had no discretion to decline to impose a life sentence. See Johnson v. State, 9 So.3d 640, 642 (Fla. 4th DCA 2009). We find the trial court erred in concluding that this claim was raised in a previous Rule 3.800(a) motion. Regardless, we affirm because it is not clear from the record that the judge believed the life sentence was mandatory. See Fla. R. Crim. P. 3.800(a) (a defendant is entitled to relief only where “the court records demonstrate on their face an entitlement to that relief”). We find no error in the trial court's denial of Anderson's other claims.

Affirmed.

TAYLOR, FORST and KLINGENSMITH, JJ., concur.


Summaries of

Anderson v. State

District Court of Appeal of Florida, Fourth District.
Nov 4, 2015
188 So. 3d 868 (Fla. Dist. Ct. App. 2015)
Case details for

Anderson v. State

Case Details

Full title:Robert ANDERSON, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Nov 4, 2015

Citations

188 So. 3d 868 (Fla. Dist. Ct. App. 2015)