5D08-3965 William Baxter v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3965

Case Date: 07/27/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009

WILLIAM CECIL BAXTER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 31, 2009 3.800 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. William C. Baxter, Carabelle, pro se. No Appearance for Appellee. CASE NO. 5D08-3965

LAWSON, J. William Cecil Baxter appeals from the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial order in all respects except one. Baxter's seventeen-year sentence on the

charge of possession of a firearm while engaged in a criminal offense1 appears to exceed the maximum penalty allowed by law for this charge. The offense is a second degree felony. See

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