SAMUEL DARDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court must determine if the sentence imposed exceeds the statutory maximum and correct it if necessary, as the defendant's plea to an illegal sentence is immaterial.
The defendant appealed the summary denial of his motion for postconviction relief, alleging his sentence for battery on a law enforcement officer exce…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Maximum Sentence cases and more on FLexlaw
FRANK, Judge.
Samuel Darden has untimely appealed from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order denying his motion, however, failed to inform him of his right to appeal in thirty days. Thus, we have granted him a belated appeal. Only one of his two allegations may have merit, i.e., whether his sentence for battery on a law enforcement officer exceeds the statutory maximum.
Darden pleaded guilty to certain charges including battery on a law enforcement officer. He alleged that he was sentenced to five and one-half years in prison for that offense although the statutory maximum is five years. §§ 775.082(3)(d), 784.07, Fla.Stat. (1989). The allegation that his sentence is illegal, if true, would entitle him to relief. His plea to an illegal sentence is immaterial. See Williams v. State, 500 So. 2d 501 (Fla.1986); Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988).
The trial court failed to attach the written sentences or any other portions of the record in refutation of Darden’s allegation. Accordingly, we remand for further proceedings the single question of whether his sentence exceeds the statutory maximum. If the court again denies the motion, it should attach portions of the record refuting Darden’s contention. Otherwise, the court should correct the sentence on the charge of battery on a law enforcement officer limited to the statutory maximum. The summary denial of the motion in all other respects is affirmed. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days in order to obtain further appellate review.
CAMPBELL, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bascom Haley Pippin v. State, 616 So. 2d 1182 (Fla. 1st DCA 1993)…shall include a statement that the movant has the right to appeal within 30 days of the rendition of the order. Rule 3.850, Fla.R.Crim.P. The failure to include such a statement warrants the granting of a belated appeal. See, e.g., Darden v. State, 588 So. 2d 275 (Fla. 2d DCA 1991). As noted above, the trial court’s November 7, 1991 order did not set forth the right to appeal within 30 days. The instant motion seeking a belated appeal of that order should therefore have been granted. We reverse, and remand w…
-
In the Interest of E.H., 591 So. 2d 1097 (Fla. 1st DCA 1992)…state action or in criminal cases by the failure of counsel to timely file the notice of appeal. See, e.g., Scalf v. Singletary, 589 So. 2d 986 (Fla. 2d DCA 1991); Turner v. State, 588 So. 2d 1042, 1043 (Fla. 5th DCA Nov. 7, 1991); Darden v. State, 588 So. 2d 275 (Fla. 2d DCA 1991); Cox v. State, 583 So. 2d 822 (Fla. 4th DCA 1991). State v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla.1990).' Appellant does not claim state action is involved in this case; nor is this a criminal ca…
-
McDUFFY v. Moore, 747 So. 2d 1003 (Fla. 2d DCA 1999)…n of the thirty-day period for appeal, a prisoner whose notice of appeal was timely filed under the Department’s own incorrect regulation should have the opportunity to seek belated review of the order. See Fla. R.Crim. P. 3.850(g); Darden v. State, 588 So. 2d 275 (Fla. 2d DCA 1991); Hoggart v. Wainwright, 490 So. 2d 129 (Fla. 1st DCA 1986). Petition granted, order quashed, and cause remanded. PARKER, A.C.J., and NORTHCUTT, J., Concur. . History records that the Chicago Bulls beat the Utah Jazz that night…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 500 So. 2d 501 (Fla. 1986)
- Griner v. State, 524 So. 2d 487 (Fla. 2d DCA 1988)