ANTHONY VALENCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anthony Valencia appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that he was subjected to vindictive sentencing for failure to accept a plea bargain and relies on Stephney v. State, 564 So. 2d 1246 (Fla. 3d DCA 1990). The sentence in this case is within the 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 1 (Fla. 3d DCA 1993), review denied, 639 So. 2d 977 (Fla.1994).
Affirmed.
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Lacce Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005)…COPE, J. (concurring). I agree. This court has previously held that a claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994). There are two more recent cases which addressed vindictive sentencing claims which had been brought under Rule 3.800(a), but both are distinguishable. In Ortiz v. State, 884 So. 2d 1086 (Fla. 3d DCA 2004), this court issued a…
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Evans Reese v. State, 896 So. 2d 807 (Fla. 3d DCA 2005)…tively sentenced. The trial court correctly denied the motion because a vindictive sentencing claim cannot be brought by a motion to correct illegal sentence under Rule 3.800(a). Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994); see also Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA), rev. denied, 888 So. 2d 621 (Fla.2004). We comment briefly on two recent cases from this court which addressed vindictive sentencing claims which had been brought [*808] unde…
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Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005)…d that a claim of vindictive sentencing cannot be raised by a Rule 3.800(a) motion. “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).” Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994) (citing State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993), opinion adopted, 638 So. 2d 515 (Fla.1994)) (citation omitted). See also Wright v. State, 891 So. 2d 618, No. 3D04-2789 (Fla. 3d DCA opinion filed Jan. 26, 2005); Ey v…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Stephney v. State, 564 So. 2d 1246 (Fla. 3d DCA 1990)
- Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)
- State v. F.G., 630 So. 2d 581 (Fla. 3d DCA 1993)
- State v. F.G., 638 So. 2d 515 (Fla. 1994)