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Whiteley v. State

District Court of Appeal of Florida, Fourth District.
May 18, 2016
192 So. 3d 579 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D16–133.

05-18-2016

William WHITELEY, Appellant, v. STATE of Florida, Appellee.

William Whiteley, Bowling Green, pro se. No appearance required for appellee.


William Whiteley, Bowling Green, pro se.

No appearance required for appellee.

PER CURIAM.

Appellant's allegations in his motion to correct an illegal sentence were insufficient to establish that his sentence is illegal. Assuming the sentencing court erred in considering an outdated PSI as alleged by appellant, this was an error in sentencing procedure that should have been raised on direct appeal. See Shaw v. State, 780 So.2d 188, 191 (Fla. 2d DCA 2001) (affirming the denial of a rule 3.800(a) motion asserting “the trial court did not have a proper presentence investigation report” because such a claim could be reviewed only on direct appeal). It did not render the sentence itself illegal.

Affirmed.

CIKLIN, C.J., WARNER and STEVENSON, JJ., concur.


Summaries of

Whiteley v. State

District Court of Appeal of Florida, Fourth District.
May 18, 2016
192 So. 3d 579 (Fla. Dist. Ct. App. 2016)
Case details for

Whiteley v. State

Case Details

Full title:William WHITELEY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: May 18, 2016

Citations

192 So. 3d 579 (Fla. Dist. Ct. App. 2016)