EUGENE WICKLINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Actual Possession Of A Firearm cases and more on FLexlaw
PER CURIAM.
Eugene Wicldine challenges an order denying his motion, pursuant to Florida Rule of Criminal Procedure 8.800(a), to correct an illegal sentence. We affirm but certify conflict to the Florida Supreme Court.
This court has previously held that the issue raised by appellant in his motion, i.e., whether the trial court established a factual basis for this plea (specifically, whether he was in actual possession of the firearm during the commission of the crime), and as a result, erroneously imposed a three-year minimum mandatory sentence, is not cognizable in proceedings brought pursuant to rule 3.800(a). Nowlin v. State, 639 So. 2d 1050 (Fla. 1st DCA 1994). We acknowledge that the Second District Court of Appeal has held to the contrary in Butchek v. State, 686 So. 2d 21 (Fla. 2d DCA 1996). Pursuant to Article V, section 3(b)(3), of the Florida Constitution, we certify conflict with this decision.
Appellant’s second point is without merit.
AFFIRMED.
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Perez v. State, 919 So. 2d 347 (Fla. 2005)…that character evidence of the defendant may be presented by the State when the accused places his character at issue is inapposite. See Butler v. State, 842 So. 2d 817, 827 (Fla.2003); Gore v. State, 784 So. 2d 418, 433 (Fla.2001); Carter v. State, 687 So. 2d 327 (Fla. 1st DCA 1997); Lusk v. State, 531 So. 2d 1377, 1382 (Fla. 2d DCA 1988). . The remaining aspect of Perez's claim implicates the Enmund/Tison analysis, see discussion supra pp. 365-72, along with the HAC question discussed infra pp. 378-82. .…
-
State v. Mancino, 705 So. 2d 1379 (Fla. 1998)…GRIMES, Senior Justice. We have for review the decision in Mancino v. State, 689 So. 2d 1235 (Fla. 2d DCA 1997), which certified conflict with the decisions in Wickline v. State, 687 So. 2d 327 (Fla. 1st DCA 1997), and Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993), and which certified the following question to this Court: AFTER STATE V. CALLAWAY, 658 So. 2d 983 (Fla.1995), IS FLORIDA RULE OF CRIMINAL PROCEDURE 3.850 RATHER THAN FLORI…
-
Stefan A. Armstrong v. State, 931 So. 2d 187 (Fla. 5th DCA 2006)…ast, but the boast neither proved that fact, nor was that fact relevant to the case at hand. The court [*192] said, “[t]he testimony is precisely the kind forbidden by the Williams rule and section 90.404(2).” 451 So. 2d at 461. In Carter v. State, 687 So. 2d 327 (Fla. 1st DCA 1997), the First District reversed the defendant’s conviction for lewd and lascivious assault on a child less than 16 years of age where the judge had admitted the defendant’s statement: “if you’re old enough to bleed, you’re old enoug…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nowlin v. State, 639 So. 2d 1050 (Fla. 1st DCA 1994)
- To Van Phan v. State, 686 So. 2d 21 (Fla. 2d DCA 1996)