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Dougherty v. State, Case No. 5D09-3188 (Fla. App. 3/26/2010) (Fla. App., 2010)

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BERNARD DOUGHERTY, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D09-3188. District Court of Appeal of Florida, Fifth District. Opinion filed March 26, 2010. 3.800 Appeal from the Circuit Court for Brevard County, Robert T. Burger, Judge. Bernard Dougherty, Sneads, pro se. Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. COHEN, J. Bernard Dougherty appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. Dougherty raises three claims, only one of which merits discussion. Dougherty was charged with three offenses: resisting an officer with violence in violation of section 843.01, Florida Statutes (1999); acquiring a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge in violation of section 893...continue to full post

Full post as published by Florida Criminal Law Opinions on March 26, 2010 (boomark / email).