ROBERT A. JACOBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COVINGTON, Judge.
Robert Jacobs challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Jacobs argues that his three year minimum mandatory sentence is illegal based on Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). We affirm the order of the trial court because Jacobs’ motion is facially insufficient as he does not affirmatively allege that his date of offense falls within the window created by Taylor. We note, however, that the trial court did not dismiss Jacobs’ motion as facially insufficient. Instead, in its August 19, 2002 order, it dismissed Jacobs’ motion without prejudice to refile when the Florida Supreme Court had reviewed the decision in Taylor. On May 29, 2002, the State filed a voluntary dismissal of said review in State v. Taylor, 821 So. 2d 302 (Fla.2002) (table). Our affir-mance is therefore without prejudice to Jacobs’ filing a facially sufficient rule 3.800(a) motion.
FULMER and KELLY, JJ., Concur.
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Cited By (14 total)
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Kotlarz v. Kotlarz, 21 So. 3d 892 (Fla. 1st DCA 2009)…o. 2d 656, 661 (Fla. 2d DCA 2005) (quoting Alpha v. Alpha , 885 So. 2d 1023, 1034 (Fla. 5th DCA 2004)). “The amount of insurance must be related to the extent of the obligation being secured.” Burnham, 884 So. 2d at 392 (citing Zangan v. Cunningham, 839 So. 2d 918, 920 (Fla. 2d DCA 2003)). Here, the final judgment includes no specific findings supporting the life insurance requirement; therefore, we reverse as to the life insurance issue and remand for reconsideration. HAWKES, C.J., WOLF and WETHERELL, JJ.,…
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Burnham v. Burnham, 884 So. 2d 390 (Fla. 2d DCA 2004)…la. 2d DCA 2002); Cissel v. Cissel, 845 So. 2d 993, 995 (Fla. 5th DCA 2003); Forgione v. Forgione, 845 So. 2d 968, 969 (Fla. 4th DCA 2003). The amount of insurance must be related to the extent of the obligation being secured. Zangari v. Cunningham, 839 So. 2d 918, 920 (Fla. 2d DCA 2003). The judgment and the record in this case lack any of the required showings, and the directive to maintain life insurance therefore must be reversed. On this issue we remand for further proceedings. [*393] (d) Direction to Ma…
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Trent L. Smith v. Heidrun Smith, 912 So. 2d 702 (Fla. 2d DCA 2005)…2005) (quoting Alpha v. Alpha, 885 So. 2d 1023, 1034 (Fla. 5th DCA 2004)). We also have noted that “[t]he amount of insurance must be related to the extent of the obligation being secured.” Burnham, 884 So. 2d at 392 (citing Zangari v. Cunningham, 839 So. 2d 918, 920 (Fla. 2d DCA 2003)). Consequently, a final judgment requiring the security of life insurance must specify whether the insurance is security for unpaid support obligations, in which case only a portion of the proceeds might be encumbered, or whe…
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- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)