Spell v. State

Full title: MARVIN SPELL, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 25, 1981

406 So. 2d 120 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-650.

November 25, 1981.

Appeal from Circuit Court, Collier County; Charles T. Carlton, Judge.

Jerry Hill, Public Defender, and Kathe Kates Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the conviction of appellant without prejudice to appellant raising the question of the illegality of his sentence in a Florida Rule of Criminal Procedure 3.850 motion under the holding in Villery v. Florida Parole Probation Commission, 396 So.2d 1107 (Fla. 1981).

RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.