R.R., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003)
  …relief. See Barber v. State, 849 So. 2d 361, 862 (Fla. 2d DCA 2003) (“A claim that a mandatory minimum sentence was illegally imposed is cognizable in a rule 3.800(a) motion where the error is apparent on the face of the record.”); McCabe v. State, 844 So. 2d 703 (Fla. 2d DCA 2003); Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003); Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001). Nevertheless, although I believe that Hersey, Carlson, and Jones II were wrongly decided and an ex post facto violation has occ…
• Pena v. State, 853 So. 2d 1120 (Fla. 5th DCA 2003)
  …granted. See Barber v. State, 849 So. 2d 361, 362 (Fla. 2d DCA 2003) (“A claim that a mandatory minimum sentence was illegally imposed is cognizable in a rule 3.800(a) motion where the error is apparent on the face of the record.”); McCabe v. State, 844 So. 2d 703 (Fla. 2d DCA 2003); Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003); Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001). Nevertheless, although I believe that Hersey and Carlson were wrongly decided and an ex post facto violation has occurred here,…
• Adalberto Tovar v. State, 872 So. 2d 424 (Fla. 2d DCA 2004)
  …indow.1 Pursuant to Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), if Tovar committed the offense within the Taylor window, the trial court is required to resentence him under the 1997 version of section 893.135(l)(f)(l)(a). See McCabe v. State, 844 So. 2d 703, 705 (Fla. 2d DCA 2003). The trial court denied Tovar’s motion on the basis that this court’s opinion in Taylor has prospective application only. In support of its ruling, the trial court relied on State v. Callaway, 658 So. 2d 983 (Fla. 1995), and…

Authorities Cited

• State v. T.G., 800 So. 2d 204 (Fla. 2001)
• J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999)