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Williams v. State, Case No. 1D09-3384 (Fla. App. 12/8/2009) (Fla. App., 2009)

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GARY KENNETH WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D09-3384. District Court of Appeal of Florida, First District. Opinion filed December 8, 2009. An appeal from the Circuit Court for Duval County, David Gooding, Judge. Gary Kenneth Williams, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons discussed below, we affirm. Page 2 The appellant was convicted of aggravated battery on a person over 65 years of age and sentenced to an upward departure sentence of 30 years’ imprisonment. The appellant filed a rule 3.800(a) motion asseting that his 30-year upward departure sentence is illegal because the trial court was required to sentence him within the guidelines range...continue to full post

Full post as published by Florida Criminal Law Opinions on December 08, 2009 (boomark / email).