Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JAMES ALLEN JOYCE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

ON REHEARING

We withdraw our opinion issued on August 5, 1981 in this cause. The Public Defender's motion to withdraw is granted and appellant's conviction is affirmed. Although appellant's sentence is in violation of Villery v. Florida Parole Probate Commission, 396 So.2d 1107 (Fla. 1981), since appellant did not make application to have it corrected, we will not remand for resentencing. As so aptly pointed out by the Public Defender, under Villery, appellant may, on resentencing, be subject to a longer term of imprisonment than he is presently serving. Accordingly, appellant should be afforded the option of declining correction of his sentence.

Nothing in this opinion prevents appellant from filing a motion to correct an illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure.

AFFIRMED.

DOWNEY, MOORE and HERSEY, JJ., concur.

Use AI to get other relevant cases.

Comments

JOYCE v. STATE
(Oct 14, 1981)