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Kenneth A. Johnson v. State of Florida, 19-1225 (2019)

Court: District Court of Appeal of Florida Number: 19-1225 Visitors: 27
Filed: Oct. 30, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D19-1225 _ KENNETH A. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. October 30, 2019 PER CURIAM. Kenneth A. Johnson appeals an order summarily denying his motion to correct illegal sentence in which he argued that the trial court’s failure to impose a required mandatory minimum sentence rendered his sentence illegal. Because the challenged order was not adver
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D19-1225
                 _____________________________

KENNETH A. JOHNSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.

                         October 30, 2019


PER CURIAM.

     Kenneth A. Johnson appeals an order summarily denying his
motion to correct illegal sentence in which he argued that the trial
court’s failure to impose a required mandatory minimum sentence
rendered his sentence illegal. Because the challenged order was
not adverse to Johnson, we dismiss the appeal. See Earl v. State,
276 So. 3d 359
(Fla. 1st DCA 2019) (certifying conflict with Vargas
v. State, 
188 So. 3d 915
(Fla. 5th DCA 2016); Solomon v. State, 
254 So. 3d 1121
(Fla. 5th DCA 2018); and Burks v. State, 
237 So. 3d 1060
(Fla. 3d DCA 2017)).

RAY, C.J., and MAKAR and KELSEY, JJ., concur.
                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Kenneth A. Johnson, pro se, Appellant.

Ashley Moody, Attorney General, and Michael McDermott,
Assistant Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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