Public-domain · open source
OpenJurist

967 So. 2d 424

Docket No. 1D07-2101.

Hinson v. State

Sherman Lavell HINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 31, 2007.

District Court of Appeal of Florida · decided 2007-10-31

Cited by 1 later decisions — most recently June 2008

1 state decisions

Relies on 862 So. 2d 91 - O'NEAL v. State · Skinner v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-31

View the full empirical analysis of this case →

¶1Sherman Lavell Hinson, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), raising three grounds for relief. We affirm the trial court's denial of grounds two and three. We affirm the trial court's amended judgment and sentence in response to ground one of appellant's motion to the extent that it amended the sentence for count three to 11 months, 29 days in jail. However, we remand for the trial court to strike the appellant's HFO designation on count three. See §§ 790.27(2)(b), Fla. Stat. (1995) (possession of a firearm with altered serial number is a first-degree misdemeanor); 775.084(1)(a) (restricting HFO sentences to defendants convicted of felonies); Hampton v. State,711 So.2d 200 (Fla. 5th DCA 1998). The appellant's presence is not required. See O'Neal v. State,862 So.2d 91 (Fla. 2d DCA 2003).

¶5AFFIRMED in part and REMANDED in part with directions.

¶6BARFIELD, WOLF, and HAWKES, JJ., concur.

/967/so2d/424 · .json · Public domain