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404 So. 2d 850

Joyce v. State

District Court of Appeal of Florida

Decided October 14, 1981

District Court of Appeal of Florida · decided 1981-10-14

Cited by 2 later decisions — most recently August 1982

2 state decisions

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-14

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PER CURIAM.

¶1ON REHEARING

¶2We withdraw our opinion issued on August 5, 1981 in this cause. The Public Defender’s motion to withdraw is granted and appellant’s conviction is affirmed. Although appellant’s sentence is in violation of Villery v. Florida Parole & Probate Commission, 396 So.2d 1107 (Fla. 1981), since appellant did not make application to have it corrected, we will not remand for resen-tencing. As so aptly pointed out by the Public Defender, under Villery, appellant may, on resentencing, be subject to a longer term of imprisonment than he is presently serving. Accordingly, appellant should be afforded the option of declining correction of his sentence.

¶3Nothing in this opinion prevents appellant from filing a motion to correct an illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure.

¶4AFFIRMED.

DOWNEY, MOORE and HERSEY, JJ., concur.
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