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Mitchell v. State

District Court of Appeal of Florida, First District
Feb 21, 1995
650 So. 2d 1084 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1992.

February 21, 1995.

Appeal from the Circuit Court, Leon County, J. Lewis Hall, Jr.

Darrell A. Mitchell, pro se.

No appearance for appellee.


We affirm the summary denial of appellant's motion to correct illegal sentence, because appellant has failed to show how his Leon County sentences are illegal. The 35-year sentences for the armed robbery convictions were within the statutory maximum, and, in accordance with the plea, the Leon County sentences were directed to be served concurrently to the sentences imposed in Duval County. To the extent appellant attempts to attack the legality of the 75-year Duval County murder sentence, such is a matter that can only be raised before the Duval County Circuit Court.

See 812.13(2)(a), Fla. Stat. (1981) (first degree armed robbery punishable "by imprisonment for a term of years not exceeding life imprisonment").

As for appellant's second ground relating to youthful offender sentencing, such is not cognizable under Florida Rule of Criminal Procedure 3.800(a), but rather should have been raised by direct appeal or by motion filed under Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

JOANOS and WOLF, JJ., concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, First District
Feb 21, 1995
650 So. 2d 1084 (Fla. Dist. Ct. App. 1995)
Case details for

Mitchell v. State

Case Details

Full title:DARRELL A. MITCHELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 21, 1995

Citations

650 So. 2d 1084 (Fla. Dist. Ct. App. 1995)

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