Johnson v. State, 641 So. 2d 174

PER CURIAM.

We affirm the summary denial of appellant’s rule 3.800(a) motion to correct an illegal sentence. According to the motion, the appellant received a 100-year sentence in 1980 for armed robbery with a firearm. Because such an offense was a first degree felony punishable by life, the sentencing court was not limited to imposing a 30-year term as asserted in appellant’s motion. See Alvarez v. State, 358 So.2d 10 (Fla.1978) (affirming a 125-year sentence for armed robbery with a firearm); Green v. State, 630 So.2d 1193 (Fla. 1st DCA 1994) (affirming a 60-year sentence for armed robbery with a firearm); Crabtree v. State, 624 So.2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So.2d 623 (Fla.1994). Because it was apparent from the face of the motion that appellant was not entitled to relief, the trial court was not required to attach portions of the record to support the denial.

MINER, BARFIELD and MICKLE, JJ., concur.

Case Details

Case Name: Johnson v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 12, 1994

Citations: 641 So. 2d 174; 1994 Fla. App. LEXIS 8025; 1994 WL 419588; No. 94-436

Docket Number: No. 94-436

Court Abbreviation: Fla. Dist. Ct. App.