JENNIFER SMITH
v.
STATE OF FLORIDA
Explore caselaw by topic → Browse Cognizable Claim cases and more on FLexlaw
PER CURIAM.
Jennifer Smith appeals an order denying her motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Because Smith challenges the procedure leading to her sentence and not the sentence itself, the postconviction court properly denied relief. See Kramer v. State, 326 So. 3d 1202, 1203 (Fla. 1st DCA 2021) (holding that defendant’s claim based on the trial court’s consideration of unsubstantiated allegations of criminal conduct was not cognizable in a 3.800(a) motion); see also Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991) (reaffirming that rule 3.800(a) “is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process”).
AFFIRMED. RAY, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Dillon Mathew Voegele v. State, 303 So. 3d 1216 (Fla. 1st DCA 2024)