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Atterbury v. State

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JERMAINE ATTERBURY, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D07-4167 District Court of Appeal of Florida, Fourth District. September 24, 2008 Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case Nos. 04-12596 CF10A 86 04-14123 CF10A. Jermaine Atterbury, Belle Glade, pro se. Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Jermaine Atterbury appeals the denial of his motion to correct an illegal sentence. He claims that his habitual offender sentence is illegal because the state failed to prove that he committed the offense for which he was sentenced as a habitual offender within five years of his prior conviction or release from prison or probation...continue to full post

Full post as published by Florida Criminal Law Opinions on September 24, 2008 (boomark / email).