YATES v. STATE

No. 5D01-3307.

823 So.2d 273 (2002)

Russell L. YATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 9, 2002.


Attorney(s) appearing for the Case

Russell E. Crawford, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


SHARP, W., J.

Yates appeals from the summary denial of his motion made pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct an illegal sentence. He contends the trial court erred when it resentenced Yates to a thirty year term because it did not expressly announce at the resentencing hearing that Yates was being sentenced as an habitual felony offender. The thirty year term greatly exceeded the maximum guideline range, which was less than ten years...

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