KENNETH MICHAEL CORNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH MICHAEL CORNS, APPELLANT,
STATE OF FLORIDA, APPELLEE
787 So. 2d 240
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Kenneth Michael Corns filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Corns alleged that he was entitled to additional jail credit. We affirm the trial court’s order denying relief without prejudice to any right Corns may have to file a facially sufficient motion to correct illegal sentence alleging that the error is reviewable from the face of the record. See State v. Mancino, 714 So. 2d 429 (Fla.1998).
Affirmed.
PATTERSON, C.J., and ALTENBERND and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Snyder v. State, 870 So. 2d 140 (Fla. 2d DCA 2004)…ulating that Snyder would be sentenced at the bottom of the guidelines, Snyder is not entitled to be sentenced at the bottom of the 1994 guidelines simply because he was originally sentenced at the bottom of the 1995 guidelines. Cf. Dunbar v. State, 787 So. 2d 240 (Fla. 2d DCA 2001) (noting a defendant may be permitted to withdraw a negotiated plea if it was entered with the understanding the defendant would be sentenced at the bottom of the 1995 sentencing guidelines). Because we are remanding for re-senten…
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Smith v. State, 863 So. 2d 1268 (Fla. 2d DCA 2004)…oresheet and should have been scored using a 1994 scoresheet. However, because Smith’s 108-month sentence could have been legally imposed under the 1994 guidelines, Smith is not entitled to be re-sentenced. Heggs, 759 So. 2d at 627; Dunbar v. State, 787 So. 2d 240 (Fla. 2d DCA 2001). Accordingly, we affirm the denial of Smith’s motion to correct illegal sentence or withdraw plea. However, this affir-mance is without prejudice to any right Smith may have to file a rule 3.850 motion challenging the voluntary…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)