CARSON v. STATE

No. 1D09-5698.

37 So.3d 884 (2010)

Terry CARSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 17, 2010.


Attorney(s) appearing for the Case

Terry Carson, pro se, Appellant.

Bill McCollum, Attorney General, Ian M. Cotner, Assistant Attorney General, Tallahassee, for Appellee.


THOMAS, J.

In this case, we address an important issue, to wit: May a criminal defendant who accepts the benefits of a negotiated plea bargain collaterally attack his negotiated sentence years later as "illegal" under Florida Rule of Criminal Procedure 3.800(a)?

Our answer is no, because Appellant's felony drug offender probationary sentence does not exceed the maximum term authorized by the legislature for the second-degree felony of battery on a pregnant...

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