From Casetext: Smarter Legal Research

Johnson v. State

District Court of Appeal of Florida, First District
Aug 12, 1994
641 So. 2d 174 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-436.

August 12, 1994.

Appeal from the Circuit Court, Jackson County, John E. Roberts, J.

Pro se for appellant.

Robert A. Butterworth, Atty. Gen.; Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.


We affirm the summary denial of appellant's rule 3.800(a) motion to correct an illegal sentence. According to the motion, the appellant received a 100-year sentence in 1980 for armed robbery with a firearm. Because such an offense was a first degree felony punishable by life, the sentencing court was not limited to imposing a 30-year term as asserted in appellant's motion. See Alvarez v. State, 358 So.2d 10 (Fla. 1978) (affirming a 125-year sentence for armed robbery with a firearm); Green v. State, 630 So.2d 1193 (Fla. 1st DCA 1994) (affirming a 60-year sentence for armed robbery with a firearm); Crabtree v. State, 624 So.2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So.2d 623 (Fla. 1994). Because it was apparent from the face of the motion that appellant was not entitled to relief, the trial court was not required to attach portions of the record to support the denial.

MINER, BARFIELD and MICKLE, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, First District
Aug 12, 1994
641 So. 2d 174 (Fla. Dist. Ct. App. 1994)
Case details for

Johnson v. State

Case Details

Full title:ELBERT JOHNSON, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1994

Citations

641 So. 2d 174 (Fla. Dist. Ct. App. 1994)

Citing Cases

Denson v. State

Denson's appendix also contains an order issued by the Second District Court of Appeal affirming per curiam…

Denson v. State

Affirmed. See Price v. State, 692 So.2d 971 (Fla. 2d DCA 1997); Johnson v. State, 641 So.2d 174 (Fla. 1st DCA…