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Ibarra v. State Of Fla. (Fla. App., 2010)

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MICHAEL A. IBARRA, Appellant, v.STATE OF FLORIDA, Appellee. No. 4D09-3691No. 562002CF003666A. District Court Of Appeal Of The State Of FloridaFourth District July Term 2010September 29, 2010 Michael Anthony Ibarra, Jasper, pro se. Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. Per Curiam. Michael A. Ibarra appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We affirm. In April 2005, appellant entered an open no contest plea to robbery with a deadly weapon. The information charged that during the offense appellant “carried a firearm or other deadly weapon.” Although appellant maintained that he used a BB gun during the offense, and not a firearm, the victim had alleged otherwise...continue to full post

Full post as published by Florida Criminal Law Opinions on September 29, 2010 (boomark / email).