Opinion
No. 81-1436.
February 3, 1982.
Appeal from Circuit Court, Highlands County; Clifton M. Kelly, Judge.
Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Deborah A. Osmond, Asst. Atty. Gen., Tampa, for appellee.
Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. Florida Parole Probation Commission, 396 So.2d 1107 (Fla. 1981). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by filing a motion to vacate in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.
SCHEB, C.J., and RYDER and SCHOONOVER, JJ., concur.