ARAY LEVINE v. STATE OF FLORIDA (2023)

District Court of Appeal of Florida, First District.

ARAY D. LEVINE, Appellant, v. STATE OF FLORIDA, Appellee.

No. 1D22-1027

Decided: July 12, 2023

Aray D. Levine, pro se, Appellant. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Appellant appeals of an order dismissing his rule 3.800(a) motion to correct illegal sentence.

The written sentence included fifteen years’ imprisonment for grand theft of a motor vehicle on Count VII. Pursuant to section 812.014(2)(c)6, Florida Statutes, that offense is a third-degree felony ordinarily punishable by up to five years in prison. Based on the record before this Court, the fifteen-year sentence appears to be illegal. We remand for the circuit court to reconsider Appellant's claim as to the legality of the Count VII sentence. In all other respects, we affirm the circuit court's order.

AFFIRMED in part, REVERSED in part, and REMANDED.

PER CURIAM.

OSTERHAUS, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.

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