DOMINGO SANCHEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-05-16
No. 2D03-170
CASANUEVA and STRINGER, JJ., Concur.
870 So. 2d 2 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 4 cases


Opinion of the Court
ALTENBERND, Chief Judge.

ALTENBERND, Chief Judge.

Domingo Sanchez appeals the denial of his postconviction motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He claims that his sentence is illegal under this court’s holding in Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). The trial court summarily denied this motion, ruling that legislative enactments after Taylor transformed Mr. Sanchez’s sentence into a legal sentence. The trial court ruled prior to the issuance of this court’s recent decision in Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). We certify conflict with the Fourth and Fifth Districts’ cases with which we disagreed in Green. Id. at 755. Accordingly, we reverse and remand for further consideration of the motion.

Reversed and remanded.

CASANUEVA and STRINGER, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Progressive Express Ins. Co. v. Devitis, 924 So. 2d 878 (Fla. 4th DCA 2006)
    …u have asked us to delete that vehicle from the policy; b. any additional vehicle on the date you become the owner ... c. any replacement vehicle on the date you become the owner. [*880] The same issue was presented in Allstate Ins. Co. v. Morgan, 870 So. 2d 2 (Fla. 2d DCA 2003), in which the claimant of PIP benefits was injured while she was driving a vehicle which had been rented by her boyfriend. The boyfriend had rented the vehicle while his own car was being repaired, and the issue was whether the Al…
  • Direct Gen. Ins. Co. v. Aurea Vreeman, 943 So. 2d 914 (Fla. 1st DCA 2006)
    …. The coverage shifting language of the rental car agreement cannot serve to create coverage where none otherwise exists. See Progressive Express Ins. Co. v. Devitis, 924 So. 2d 878, 879-880 (Fla. 4th DCA 2006); see also Allstate Ins. Co. v. Morgan, 870 So. 2d 2 (Fla. 2d DCA 2003) (finding Morgan not entitled to PIP benefits because she was not in an “insured motor vehicle” as defined in the policy’s PIP definitions). Even if the rental car agreement language purported to create coverage where none otherwi…
  • Shivers v. Enter. Leasing Co., 950 So. 2d 494 (Fla. 4th DCA 2007)
    …Enterprise, was obligated to pay for Shivers’ PIP benefits. We reverse, because the Aries policy does not provide PIP coverage to Shivers. See Progressive Express Ins. Co. v. Devitis, 924 So. 2d 878 (Fla. 4th DCA 2006); Allstate Ins. Co. v. Morgan, 870 So. 2d 2 (Fla. 2d DCA 2003). The relevant provisions in the Aries policy are substantively indistinguishable from those at issue in Devitis and Morgan. Here, the Aries policy did not extend valid and collectible coverage to Shivers, nor was Aries required to…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw