4D04-4440 William Brunner v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-4440 William Brunner v. St

Case Date: 06/01/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT January Term 2005 WILLIAM BRUNNER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-4440 [ June 1, 2005 ] PER CURIAM. William Brunner appeals a trial court order summarily denying his motion to correct illegal sentence. We affirm in part, and reverse and remand only as to his claim that his habitual felony offender sentence for burglary of a conveyance with an assault or battery while armed with a firearm was illegal. His offense occurred in 1993, at a time when that crime was a life felony and was not subject to habitual felony offender sentencing. See Weford v. State , 784 So. 2d 1222 (Fla. 3d DCA ) rev. dismissed, 791 So. 2d 1103 (Fla. 2001); Section 810.02(2), 775.087(1)(a), Fla. Stat. (1993). As the State has pointed out in its response, which has conceded this point, the judgment of conviction on the burglary erroneously reflects that the offense was a first degree felony punishable by life in prison rather than a life felony. This scrivener's error requires correction on remand, along with resentencing to remove habitual felony offender enhancement on the burglary conviction. Affirmed In Part; Reversed And Remanded In Part. GUNTHER , SHAHOOD and TAYLOR, JJ., concur. * * *

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack H. Cook, Judge; L.T. Case No. 93-8750 CFA02. William Brunner, Lowell, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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