Kelly Etienne v. State

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KELLY ETIENNE, Appellant, v. Case No. 5D16-2097 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 2, 2016 3.800 Appeal from the Circuit Court for Brevard County, James H. Earp, Judge. Kelly Etienne, Carrabelle, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Affirmed, without prejudice to Appellant’s ability to file a Florida Rule of Criminal Procedure 3.800(a) motion in the lower court alleging that the sentencing judge erred in imposing a life sentence without parole eligibility after twenty-five years as required by section 775.082(1), Florida Statutes (1991). SAWAYA, PALMER and BERGER, JJ., concur.