SANDS v. STATE

No. 5D03-3082.

899 So.2d 1208 (2005)

Randy Allen SANDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 15, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, C.J.

Randy Allen Sands appeals the sentence that was imposed after the trial court granted his Motion to Correct Illegal Sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). The issue we must resolve is whether it was permissible, upon resentencing, for the trial court to restructure Sands' sentence by changing the sentence on one count to run consecutive to, rather than concurrent with, the other counts. We believe that it is within a trial...

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