White v. State

PER CURIAM. Willie “White appeals an order denying his motion to correct illegal sentence. We conclude that the appeal is timely, and reject the State’s argument to the contrary. On the merits we affirm. The sentence is not illegal. Davis v. State, 661 So.2d 1193 (Fla.1995). Assuming for present purposes that the motion should be treated as a motion under Florida Rule of Criminal Procedure 3.850, relief is foreclosed by State v. Will, 645 So.2d 91 (Fla. 3d DCA 1994). Affirmed.