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McMULLEN v. STATE

No. 93-2830.

631 So.2d 1126 (1994)

Jay McMullen, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 28, 1994.

Attorney(s) appearing for the Case

Jay McMullen, pro se appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Jay Allen McMullen appeals from denial of his motion for relief from an illegal sentence as permitted by rule 3.800(a), Florida Rules of Criminal Procedure. Appellant was originally sentenced to fifty years in prison and ten years of probation on each of the counts of which he was convicted, the sentences to run concurrently. Because his sentence as originally imposed exceeded the statutory maximum, we reversed in McMullen v. State,

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