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Betty v. State, No. 4D08-3528 (Fla. App. 3/11/2009) (Fla. App., 2009)

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PAUL BETTY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-3528. District Court of Appeal of Florida, Fourth District. March 11, 2009. Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Jeffrey R. Levenson, Judge, L.T. Case No. 90-20695 CF10A. Paul Betty, Okeechobee, pro se. No appearance required for appellee. Per Curiam. Paul Betty appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. We affirm the denial but for reasons different from those argued by the State and adopted by the trial court.1 We also write to correct a misstatement of law Major v. State, 900 So. 2d 759 (Fla. 4th DCA 2005), that has led to some confusion in this case. Betty was convicted of attempted robbery with a deadly weapon and sentenced as a habitual felony offender to thirty years in prison...continue to full post

Full post as published by Florida Criminal Law Opinions on March 11, 2009 (boomark / email).