ATTERBURY v. STATE

No. 4D07-4167.

991 So.2d 980 (2008)

Jermaine ATTERBURY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 2008.


Attorney(s) appearing for the Case

Jermaine Atterbury, Belle Glade, pro se.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Jermaine Atterbury appeals the denial of his motion to correct an illegal sentence. He claims that his habitual offender sentence is illegal because the state failed to prove that he committed the offense for which he was sentenced as a habitual offender within five years of his prior conviction or release from prison or probation. We agree with appellant and reverse.

Atterbury was convicted of sale of cocaine and sentenced to two years of drug...

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