Willie L. Hamilton v. State of Florida

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 WILLIE L. HAMILTON, Reversed and remanded for resentencing on Count II. Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 4D04-4216 Opinion filed January 19, 2005 Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 98-12036 CFA02. Willie L. Hamilton, Punta Gorda, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.. PER CURIAM. We reverse the trial court s summary denial of appellant s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court erred in rejecting appellant s claim that his sentence to 30 years in prison for attempted robbery with a firearm was illegal because that offense is a second degree felony. See e.g. Bailey v. State , 877 So. 2d 836 (Fla. 4th DCA 2004); Cadet v. State , 816 So. 2d 1202 (Fla. 4th DCA 2002). Apparently the trial court had relied on a State response which had erroneously represented that the offense was a first degree felony. The State concedes in its response filed in this Court the need for remand for resentencing on Count II, the subject of appellant s 3.800(a) motion. GUNTHER, KLEIN and STEVENSON, JJ., concur. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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