CHRISTOPHER MILLER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Harris, 129 So. 3d 1166 (Fla. 3d DCA 2014)
  …nced in 1999 to three concurrent fifteen-year sentences on counts 3, 4 and 5, each with ten-year minimum mandatory terms, and as a VCC. However, the record reflects that Harris completed these sentences. This issue is thus moot. See Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008). Next, we agree with the State that the trial court erred when it granted Harris’ 3.800(a) for its failure to specifically pronounce sentence at the hearing as a VCC on counts 1, 2 and 6. The sentencing court’s intention was suf…
• Raines v. State, 14 So. 3d 244 (Fla. 2d DCA 2009)
  …fully served and expired a decade before Mr. Raines filed this petition. At least as a general rule, a sentence cannot be challenged after it has been fully served and has expired because any sentencing issue is moot thereafter. See Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008). At best, rule 3.800(a) might be useful to correct a sentencing error in a current state-court sentence as a result of an earlier illegal state-court sentence. See Mills v. State, 6 So. 3d 77 (Fla. 2d DCA 2009); Tucker v. State,…
• Marlena Christine Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017)
  …69, 1270-71 (Fla. 4th DCA 1985)), we should dismiss this appeal. Woods challenged only her sentence— not her conviction. Generally, when a defendant challenges a sentence already completed, we dismiss the appeal as moot. See, e.g., Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008) (Mem. Op.); Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005) (Mem. Op.); Desrosiers v. State, 189 So. 2d 834 (Fla. 1st DCA 1966). We have even gone so far as to say “we have no [*826] choice but to dismiss the appeal” in this…

Authorities Cited

• Pressley v. State, 741 So. 2d 1157 (Fla. 1st DCA 1999)