MARK SHERWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct illegal sentences because the trial court originally sentenced him to serve an eighteen month sentence and then entered a subsequent order increasing the length of sentence to three years. These sentences have been served completely, and appellant is not incarcerated or under probation as a result of these orders. While rule 3.800(a) permits an illegal sentence to be corrected at any time, we conclude that the rule means that the sentence can be corrected at any time while the sentence is being served. Correction of a sentence long since completed serves no useful purpose that we can detect. A double jeopardy violation cannot be corrected once a sentence has been completed. See generally In re Bradley, 318 U.S. 50, 63 S.Ct. 470, 87 L.Ed. 608 (1943); Ex Parte Lange, 18 Wall. 163, 85 U.S. 163, 21 L.Ed. 872 (1873). While appellant contends that the convictions upon which these allegedly illegal sentences were based are being used to enhance a subsequent sentence, the length of the pri-or sentence is not an issue.
Affirmed.
WARNER, C.J., DELL and STEVENSON, JJ., concur.
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Alphonso Prosperity Smith v. Kearney, 802 So. 2d 387 (Fla. 4th DCA 2001)…that he did not move to correct his sentence by either filing a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800 or through a rule 3.850 motion prior to the effective date of the Act. In Sherwood v. State, 745 So. 2d 378 (Fla. 4th DCA 1999), rev. denied, 763 So. 2d 1044 (Fla.2000), the appellant filed a motion to correct his sentence after it had been completely served. We could discern no purpose to be served addressing the length of the sentence after completion a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Lange, 18 Wall. 163 (U.S. 1873)
- In re William v. Bradley, 318 U.S. 50 (U.S. 1943)