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Hettick v. State

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MICHAEL L. HETTICK, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-3792 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT April 4, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED PRIOR HISTORY:    [*1] Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Robert A. Foster, Jr., Judge. JUDGES:   STRINGER, Judge. CASANUEVA and KELLY, JJ., Concur. OPINION BY:   STRINGER OPINION   STRINGER, Judge. Michael L. Hettick appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Although Mr. Hettick’s sentence is not illegal, we reverse and remand because the postconviction court should have considered his motion as if it were filed pursuant to rule 3...continue to full post

Full post as published by Florida Criminal Law Opinions on April 04, 2008 (boomark / email).