WILLIAM BETHEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM BETHEL, APPELLANT,
STATE OF FLORIDA, APPELLEE
850 So. 2d 597
Florida District Court of Appeal, Fourth District (2003)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s summary denial of appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), without prejudice to appellant’s right to present his gain-time challenge to the Department of Corrections first. If he is not satisfied after exhaustion of administrative remedies there, he can then file a petition for writ of mandamus with the appropriate circuit court. See Dacosta v. State, 842 So. 2d 935 (Fla. 4th DCA 2003).
KLEIN, SHAHOOD and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richardson v. State, 922 So. 2d 331 (Fla. 4th DCA 2006)…of trespass. We believe the language of rule 3.510(a) and the facts of this case compel the result reached in Pepitone and the conclusion that, here, the jury should not have been instructed on the offense of attempted burglary. Cf. Green v. State, 850 So. 2d 597, 599 (Fla. 4th DCA 2003) (holding that although the evidence showed a completed robbery, the jury was properly instructed on the lesser offense of attempted robbery since there was “not a total lack of evidence as to the lesser offense”). We also re…
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Jackson v. State, 26 So. 3d 642 (Fla. 4th DCA 2010)…If [*644] he did so with no such intent, the crime was trespass. Attempted burglary simply is not a middle ground that exists between these two options in this case. Pepitone, 846 So. 2d at 642-43. This case is distinguishable from Green v. State, 850 So. 2d 597 (Fla. 4th DCA 2003), relied upon by the state. In Green, unlike in this case, there was not a “total lack of evidence of the lesser offense.” Id. at 599 (citation omitted). As did the second district in Pepitone, we reverse the attempted burglary c…
Authorities Cited
- Dacosta v. State, 842 So. 2d 935 (Fla. 4th DCA 2003)