LEWIS v. STATE

No. 99-314.

730 So.2d 823 (1999)

John H. LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 9, 1999.


Attorney(s) appearing for the Case

John H. Lewis, Madison, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, J.

Lewis appeals from the trial court's order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Lewis argues in his motion that the sentence he received (22 years and life probation) exceeds the statutory maximum for his 1990 conviction for second degree murder with a firearm. The trial court did not address the merits of the issue because it stated Lewis had filed a previous rule 3.800(a) motion in 1994, raising...

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