GREGORY v. STATE

No. 3D07-2155.

997 So.2d 1287 (2009)

Andre Odell GREGORY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 14, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Heidi Milan Caballero and Juliet S. Fattel, Assistant Attorneys General, for appellee.

Before CORTIÑAS, ROTHENBERG, and LAGOA, JJ.


ROTHENBERG, J.

Andre Odell Gregory ("Gregory") appeals the summary denial of his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence. We find his claim well-taken, and reverse.

Gregory was originally sentenced to twenty years as a habitual felony offender with a fifteen-year minimum mandatory as a prison releasee re-offender. After his judgment and sentence were affirmed on appeal, Gregory filed a rule 3.850 motion for postconviction...

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