Levine v. State

Full title: Aray D. Levine, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jul 12, 2023

No. 1D22-1027 (Fla. Dist. Ct. App. Jul. 12, 2023)

Opinion

1D22-1027

07-12-2023

Aray D. Levine, Appellant, v. State of Florida, Appellee.

Aray D. Levine, pro se, Appellant. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Escambia County. John F. Simon, Jr., Judge.

Aray D. Levine, pro se, Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals of an order dismissing his rule 3.800(a) motion to correct illegal sentence.

The written sentence included fifteen years' imprisonment for grand theft of a motor vehicle on Count VII. Pursuant to section 812.014(2)(c)6, Florida Statutes, that offense is a third-degree felony ordinarily punishable by up to five years in prison. Based on the record before this Court, the fifteen-year sentence appears to be illegal. We remand for the circuit court to reconsider Appellant's claim as to the legality of the Count VII sentence. In all other respects, we affirm the circuit court's order.

AFFIRMED in part, REVERSED in part, and REMANDED.

OSTERHAUS, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.