GARY P. POTTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The opinion filed in this case on August 30, 2000 is vacated and withdrawn and the following opinion is substituted in its place. The appellant, Gary P. Potter, appeals the summary denial of his motion to vacate an illegal sentence entered after a bench trial conducted approximately seventeen years ago. In the motion filed below, for the first time, Potter alleged that he was incompetent to stand trial when his trial was held, citing both rule 3.800(b) and rule 3.850(b)(1) and (2), Florida Rules of Criminal Procedure. He relies on Jones v. State, 740 So. 2d 520 (Fla.1999).
A review of the record discloses that Potter’s 3.850 motion was untimely filed as there was well over a two-year time span between the date that his conviction and sentence became final and the date that he filed the instant motion for post-conviction relief. Also, none of the applicable exceptions to the limitations period are present. See Zirio v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000). As to his claim under rule 3.800(a), that rule is limited to the correction of illegal sentences which do not require an evidentiary hearing and his contentions do not support such a result. See State v. Mancino, 714 So. 2d 429, 433 (Fla.1998); Adlington v. State, 735 So. 2d 513 (Fla. 4th DCA 1999).
For these reasons, we affirm the denial of Potter’s motion for post-conviction relief.
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Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001)…s as well. Finally, issue five asserts that Shaw was not competent to stand trial and to be sentenced. This issue cannot be raised in a rule 3.800(a) motion because an evidentiary hearing is necessary to resolve the allegation. See Potter v. State, 769 So. 2d 519 (Fla. 3d DCA 2000). Therefore, the trial court’s order is affirmed as to this ruling. As to each of these issues, the trial court also denied relief because it had previously denied relief on each ground in considering Shaw’s September 16, 1998, mo…
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Ocelyn ST. CYR v. State, 106 So. 3d 487 (Fla. 4th DCA 2013)…ocedure 3.800(a) motion to correct illegal sentence. We affirm as to appellant’s claim that the trial court erred in not evaluating his mental health status before sentencing. This claim is not proper for a rule 3.800(a) motion. See Potter v. State, 769 So. 2d 519, 520 (Fla. 3d DCA 2000). Appellant also claimed that the trial court could not revoke his “youthful offender status” following revocation of community control. We remand as to this claim because, as the state concedes, the trial court failed to att…
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Haril H. Kemp v. State, 905 So. 2d 985 (Fla. 3d DCA 2005)…denying defendant’s motion to clarify the sentencing order rendered on July 22, 2003. Contrary [*986] to the state’s contention in its response, no evidentiary hearing is required to resolve the issue in the defendant’s motion. See Potter v. State, 769 So. 2d 519 (Fla. 3d DCA 2000). The defendant’s original motion to correct illegal sentence properly addressed the four cases in which he was sentenced: 99-21225; 99-21227; 99-21230; 99-26580. The trial court granted relief and resen-tenced defendant. However…
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- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Jones v. State, 740 So. 2d 520 (Fla. 1999)
- Adlington v. State, 735 So. 2d 513 (Fla. 4th DCA 1999)
- Aikens v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000)
- Guido Ruben Zirio v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000)