DERRICK EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DERRICK EDWARDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
765 So. 2d 222
Florida District Court of Appeal, Second District (2000)
Caution
Cited by 19 cases
Opinion of the Court
PER CURIAM.
Appellant argues that his sentence is illegal under Heggs v. State, 759 So. 2d 620 (Fla.2000). While appellant is correct, and we would normally remand for resentencing pursuant to Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000), this issue has been made moot by appellant’s release from incarceration on March 10, 2000. Accordingly, we vacate the stay and dismiss the appeal as moot.
CAMPBELL, A.C.J., and FULMER and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005)…his sen [*1257] tence or seeking jail credit against that sentence, and he completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot. Cf. Hagan v. State, 853 So. 2d 595, 597 (Fla. 5 th DCA 2003); Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000). Because the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot. DISMISSED. VAN NORTWICK, POLSTON and THOMAS, JJ., concur.…
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Hagan v. State, 853 So. 2d 595 (Fla. 5th DCA 2003)…at affect the rights of a party flow from the issue to be determined. Id. The state cites cases in which appeals challenging the legality of a defendant’s sentence were dismissed as moot because he had completed that sentence. See Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000). The instant case is distinguishable because Hagan is not challenging the legality of his sentence. Instead, he challenges the legality of his conviction based on due process grounds. In Lamb v. State, 526 So. 2d 998 (Fla. 1st DC…
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Pizano v. State, 829 So. 2d 396 (Fla. 4th DCA 2002)…ing range is 19.8 to 33 months. The sentence he received in this case, 48 months in prison, exceeds the 1994 range. See Heggs. The state claims that the Heggs issue is moot because Appellant has already completed his sentence. See Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000)(Heggs issue is moot based on the defendant’s release from incarceration); Prado v. State, 755 So. 2d 178 (Fla. 2d DCA 2000)(the sentencing issue was moot because the defendant had completed his sentence and was released). [*397] H…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)