Penny v. State

Full title: WILLIAM R. PENNY, JR., Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 16, 2000

778 So. 2d 305 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-4101.

August 16, 2000.

The Circuit Court, Escambia County, T. Michael Jones, J.

Reversed and remanded.

William R. Penny, Jr., Pro Se, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion for correction of an illegal sentence. We reverse.

Appellant alleged that, pursuant to Pearson v. State, 538 So.2d 1349 (Fla. 1st DCA 1989)