From Casetext: Smarter Legal Research

Barclay v. State

District Court of Appeal of Florida, First District
Oct 21, 2008
993 So. 2d 110 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-0284.

October 21, 2008.

An appeal from the Circuit Court for Alachua County. Peter K. Sieg, Judge.

Michael Barclay, pro se, Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


The appellant has filed a rule 3.800(a) motion raising five claims. We affirm the trial court's denial of all but the claim that the trial court improperly sentenced the appellant to drug offender probation for the conviction of driving with a permanently revoked license. The trial court cannot impose drug offender probation for this offense. See Fundora v. State, 972 So.2d 296 (Fla. 1st DCA 2008). We therefore reverse and remand for the trial court to strike the imposition of drug offender probation from the appellant's sentence.

AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

KAHN, VAN NORTWICK, and PADOVANO, concur.


Summaries of

Barclay v. State

District Court of Appeal of Florida, First District
Oct 21, 2008
993 So. 2d 110 (Fla. Dist. Ct. App. 2008)
Case details for

Barclay v. State

Case Details

Full title:Michael BARCLAY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 21, 2008

Citations

993 So. 2d 110 (Fla. Dist. Ct. App. 2008)