06-5483 ALAIN ADAN v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 06-5483

Case Date: 04/14/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ALAIN ADAN, Appellant, v. CASE NO. 1D06-5483 STATE OF FLORIDA, Appellee. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed April 14, 2008. An appeal from the Circuit Court for Jackson County. William L. Wright, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The trial judge correctly denied relief on the 3.800(b)(2) motion to correct sentencing error filed in lower court case number 04-485CF. In lower court case number 04-682CF, appellant correctly asserts that the maximum sentence the trial judge could have imposed was 364 days. Porter v. State, 940 So. 2d 579 (Fla. 1st

DCA 2006).

Appellant's 365-day sentence was therefore illegal. The sentence,

however, was imposed on September 12, 2006, and was imposed to run concurrent with the sentence in lower court case number 04-485CF. Accordingly, the error is moot. AFFIRMED. BARFIELD, POLSTON, and ROBERTS, JJ., CONCUR.

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