STATE OF FLORIDA, PETITIONER,
v.
F.G., ET AL., RESPONDENTS
STATE OF FLORIDA, PETITIONER,
F.G., ET AL., RESPONDENTS
638 So. 2d 515
Florida Supreme Court (1994)
Positive Treatment
Cited by 16 cases
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Opinion of the Court
McDONALD, Senior Justice.
We review State v. F.G., 630 So. 2d 581 (Fla. 3d DCA 1993), in which the court certified the following question of great public importance:
[Wjhether a claimed procedural error leading up to the entry of a final disposition order in a juvenile delinquency ease renders the disposition “illegal” for purposes of a State appeal under subparagraph 39.-069(l)(b)(5), Florida Statutes (1991).
Id. at 583. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
The district court ruled that the state cannot appeal such an order, and we agree. We approve the decision under review and adopt the district court’s opinion as our own.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994)…he limits authorized by law. It is clear that a claim of error leading up to the imposition of sentence does not render the sentence “illegal” for purposes of Rule 3.800(a). See State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993), opinion adopted, 638 So. 2d 515 (Fla.1994); see also Judge v. State, 596 So. 2d 73, 76-77 (Fla. 2d DCA 1991) (en banc), review denied, 613 So. 2d 5 (Fla.1992). The trial court was also correct in denying credit for time served on house arrest. See Fernandez v. State, 627 So. 2d…
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State v. R.F., 648 So. 2d 293 (Fla. 3d DCA 1995)…perly viewed as an "illegal" sentence. See State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982); see also State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993) (omission of mandatory penalty renders disposition illegal), opinion adopted, State v. F.G., 638 So. 2d 515 (Fla.1994); cf. D’Alessandro v. Shearer, 360 So. 2d 774, 775 (Fla.1978) (granting mandamus to compel the imposition of a required mandatory minimum sentence). . Neither party has voiced any complaint regarding the calculation of credit for time ser…
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Chanquet v. State, 646 So. 2d 834 (Fla. 3d DCA 1994)…to support the reclassification. That is not a proper subject for a motion under Rule 3.800(a). See Fla.R.Crim.P. 3.800(a); Gartrell v. State, 626 So. 2d 1364, 1365 (Fla. 1993); State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993), opinion adopted, 638 So. 2d 515 (Fla.1994); Judge v. State, 596 So. 2d 73, 76-77 (Fla. 2d DCA 1991) (en banc), review denied, 613 So. 2d 5 (Fla.1992); Jennings v. State, 478 So. 2d 1109 (Fla. 1st DCA 1985), review denied, 488 So. 2d 68 (Fla.1986). Assuming, without deciding, that…
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- State v. F.G., 630 So. 2d 581 (Fla. 3d DCA 1993)