ROGER COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-09-09
Nos. 97-3671, 97-3672
STONE, C.J., TAYLOR, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.
717 So. 2d 128 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to Appellant raising allegations of a sentencing error under Florida Rule of Criminal Procedure 3.800(a). It appears the scoresheet was incorrectly calculated using a multiplier that did not go into effect until after the date of the primary offense. Cf. Madrigal v. State, 683 So. 2d 1093, 1094 (Fla. 4th DCA 1996).

STONE, C.J., TAYLOR, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999)
    …he voluntariness of a plea after sentencing by filing a motion under Florida Rule of Criminal Procedure 3.850. This rule, however, does not apply to juvenile proceedings. See A.F. v. State, 718 So. 2d 260, 262 (Fla. 1st DCA 1998); cf. T.G. v. State, 717 So. 2d 128 (Fla. 4th DCA 1998) (explaining that Florida Rule of Criminal Procedure 3.800 does not apply in juvenile proceedings). But a writ of habeas corpus is available to a juvenile. See In Interest of W.B., 428 So. 2d 309, 312 (Fla. 4th DCA 1983). We agree…
  • K.O. v. State, 765 So. 2d 901 (Fla. 5th DCA 2000)
    …venile Procedure do not contain a similar proceeding to Florida Rule of Criminal Procedure 3.800(b), which allows a criminal defendant an opportunity to request correction of an illegal sentence within 30 days of sentencing. See A.F.; T.G. v. State, 717 So. 2d 128 (Fla. 4th DCA 1998). Therefore, since there is no collateral review in juvenile delinquency proceedings comparable to adult proceedings and the criminal appeal statute is inapplicable, this issue may be raised for the first time on appeal. Id. In s…
  • Cooper v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999)
    …hin the 15-year statutory maximum. See § 775.082(3)(c), Fla. Stat. (1995). Furthermore, we reject the state’s contention that the law of the case requires us to affirm. Although Appellant’s sentences were addressed by this court in Cooper v. State, 717 So. 2d 128 (Fla. 4th DCA 1998), this issue was not resolved in that appeal. KLEIN and STEVENSON, JJ., concur. . We note that the validity of the multiplier is not at issue here. See O.C. v. State, 722 So. 2d 839 (Fla. 5th DCA 1998), rev. granted, 727 So. 2d…

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