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Criminal Law

: Florida Criminal Law Opinions

ERIC M. AYLUARDO, Appellant, v. STATE OF FLORIDA, Appellee.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 ERIC M. AYLUARDO, Appellant, v. Case No. 5D11-427 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 1, 2011 3.800 Appeal from the Circuit Court for Orange County, F. Rand Wallis, Judge. Eric Ayluardo, Blountstown, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges the summary denial of his rule 3.800 motion. He claims that his sentence exceeds the statutory maximum. As the State points out, Appellant?s sentence does not exceed the maximum sentence if it was properly reclassified based upon a jury finding that he used a weapon during the commission of the crime...continue to full post

Full post as published by Florida Criminal Law Opinions on April 01, 2011 (boomark / email).