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STATE v. SPRIGGS

No. 4D99-2047.

754 So.2d 84 (2000)

STATE of Florida, Appellant, v. Eric Wayne SPRIGGS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 8, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Kelly V. Landers of The Law Offices of Kelly V. Landers, P.A., West Palm Beach, for appellee.

PER CURIAM.

Reversed. The state contends that the trial court erred in resentencing appellee pursuant to his 3.800 motion. We agree. A rule 3.800(a) motion to correct an illegal sentence is not the proper vehicle for challenging a sentence on the basis that it violates the constitutional prohibition against cruel and unusual punishment. See State v. Smith, 360 So.2d 21, 23 (Fla. 4th DCA), cert. denied, 366 So.2d 885...

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