TONY NAVARRO
v.
STATE OF FLORIDA
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The judgment and sentence is affirmed without prejudice to the filing of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850(a) or a motion to correct clerical error.
[1] A claim that a crime was not actually committed is cognizable under Florida Rule of Criminal Procedure 3.850(a) for postconviction relief.
[2] A trial court may correct clerical errors in its orders at any time.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a claim that a crime was not actually committed is cognizable under rule 3.850”
The court cited Griffin v. State for the proposition that certain postconviction claims are available under Florida Rule of Criminal Procedure 3.850(a).
Tony Navarro was convicted and sentenced by the County Court for Glades County on March 8, 2024. He appealed the judgment and sentence.…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2024-0701 Lower Tribunal No. 24MM71
TONY NAVARRO, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the County Court for Glades County. Darrell R. Hill, Judge.
April 10, 2026
PER CURIAM.
The judgment and sentence is affirmed without prejudice to the filing of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850(a), see Griffin v. State, 10 So. 3d 165, 166 (Fla. 3d DCA 2009) (stating that a claim that a crime was not actually committed is cognizable under rule 3.850), or a motion to correct the trial court's clerical error in its March 8, 2024, sentencing order, see Rodgers v. State, 934 So. 2d 1207, 1221 (Fla. 2006) (noting that a trial court may correct clerical errors in its orders at any time).
AFFIRMED.
STARGEL, GANNAM and KAMOUTSAS, JJ., concur. Ita M. Neymotin, Regional Counsel, and Clay W. Oberhausen, Assistant Regional Counsel, of the office of Criminal Conflict and Civil Regional Counsel, Sarasota, and Thomas J. Butler, of the Law office of Thomas Butler, P.A., Miami Beach, for Appellant.
No Appearance for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Norris v. Treadwell, 934 So. 2d 1207 (Fla. 2006)
- Griffin v. State, 10 So. 3d 165 (Fla. 3d DCA 2009)