JOSE MANUEL COLLAZO, PETITIONER,

v.

MICHAEL W. MOORE, SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By (16 total)

• Lett v. State, 805 So. 2d 950 (Fla. 2d DCA 2001)
  …id habitual offender sentence, the sentence imposed must exceed the guidelines or the statutory maximum, even if imposed pursuant to a negotiated plea. We are of the view that Yashus misinterpreted King. As we recently stated in Pankhurst v. State, 796 So. 2d 618, 620 (Fla. 2d DCA 2001): The sentences provided for in the habitual offender statute have been interpret [*952] ed by the supreme court to mean any term of years” up to the maximum specified for the particular offense level, provided the term of ye…
• Eldred Salters v. State, 805 So. 2d 1004 (Fla. 2d DCA 2001)
  …ar prison sentence. Salters’ initial sentence was not a habitual offender sentence. Consequently, unless his original sentence was the result of a negotiated plea, he must be sentenced pursuant to the sentencing guidelines. See Pankhurst v. State, 796 So. 2d 618 (Fla. 2d DCA 2001). Affirmed in part, reversed in part, and remanded. FULMER and GREEN, JJ., concur.…
• Raines v. State, 14 So. 3d 244 (Fla. 2d DCA 2009)
  …ender, then the case law supports his argument that his subsequent ten-year sentence as a habitual offender was illegal. See Bowers v. State, 845 So. 2d 243 (Fla. 2d DCA 2003); Chaney v. State, 805 So. 2d 1039 (Fla. 2d DCA 2002); Pankhurst v. State, 796 So. 2d 618 (Fla. 2d DCA 2001). The problem, of course, is that this illegal sentence «was fully served and expired a decade before Mr. Raines filed this petition. At least as a general rule, a sentence cannot be challenged after it has been fully served and h…