STEVEN W. TRIMBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion to correct an illegal sentence cannot be used to challenge the validity of reasons for departing from sentencing guidelines if not raised on direct appeal.
Steven W. Trimble appealed the summary denial of his motion for postconviction relief, which was filed after the two-year time limit for such motions.…
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PER CURIAM.
Steven W. Trimble appeals from the summary denial of his motion for postconviction relief. We affirm.
Trimble’s conviction and sentence became final January 18, 1985, and the motion under review was filed May 26, 1987. The circuit court denied the motion because it was not filed within the two-year time limit imposed by Florida Rule of Criminal Procedure 3.850. Although comparable time constraints do not apply to Florida Rule of Criminal Procedure 3.800(a) which provides that a court may correct at any time an illegal sentence imposed by it, we, nevertheless uphold the denial of TWmble’s motion.
In support of his motion to correct an illegal sentence, Trimble attacks the validi ty of the reasons given by the trial court m support of its decision to depart from the recommended guidelines sentence. We have consistently held that invalid departure criteria must be contested, if at all, on direct appeal rather than in a motion for postconviction relief. Johnson v. State, 502 So. 2d 1352 (Fla. 2d DCA 1987); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986); Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984).
Affirmed.
SCHEB, A.C.J., and SCHOONOVER and HALL, JJ., concur.
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Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993)…3.800(a) states: A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guideline score-sheet. See also Cofield v. State, 602 So. 2d 586, 587 (Fla. 1st DCA 1992); Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987). . § 813.011, Fla.Stat. (Supp.1974). . § 813.011, Fla.Stat. (Supp.1974), and § 812.-13, Fla.Stat. (1975), effective July 1, 1975. . § 813.011, Fla.Stat. (Supp.1974). . U.S. Const. Amend. XIV. . § 775.082(4)(a), Fla.Stat. (197…
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Green v. State, 630 So. 2d 1193 (Fla. 1st DCA 1994)….800(a) provides that a court "may at any time correct an illegal sentence....” Thus, Appellant’s waiting 10 years to file this motion does not bar his right to relief. Cf. Cofield v. State, 602 So. 2d 586, 587 (Fla. 1st DCA 1992); Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987).…
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Rowe v. State, 523 So. 2d 620 (Fla. 2d DCA 1988)…he district court in the second appeal) had expired. Even so we do not consider Shull to be precedent for abandoning our consistent position that invalid departure criteria must be attacked, if at all, on direct appeal. See, e.g., Trimble v. State, 511 So. 2d 403 (Fla. 2d DCA 1987); Johnson v. State, 502 So. 2d 1352 (Fla. 2d DCA 1987); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986). These cases, in turn, are grounded in long-established precedent to the effect the postcon-viction procedures set forth in ru…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986)
- Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984)
- Johnson v. State, 502 So. 2d 1352 (Fla. 2d DCA 1987)