Coffey v. State

Full title: JOHN DANIEL COFFEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 30, 1981

403 So. 2d 1152 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1647.

September 30, 1981.

Appeal from Circuit Court, Hillsborough County; Calvin A. Pope, Judge.

Jerry Hill, Public Defender, Bartow and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So.2d 1107 (Fla. 1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

SCHEB, C.J., and HOBSON and CAMPBELL, JJ., concur.