LEVORY W. HICKMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly denied the motion as successive and lacking merit.
Hickmon appealed the trial court's denial of his motion to correct an illegal sentence. The motion was denied because it was successive and lacked mer…
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Hickmon appeals from the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800, seeking to correct an “illegal sentence,” in his 1997 criminal case, No. 97-598. The trial court denied the motion because it was successive and lacked merit. We affirm.
After a jury trial, Hickmon was convicted in 1997 of sale or delivery of cocaine and possession of cocaine.1 He was sentenced in 1998. Hickmon appealed and this court PCA’d. See Hickmon v. State, 729 So. 2d 942 (Fla. 5th DCA 1999). He then filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, raising eleven claims about his drug convictions. The trial court denied relief and this court affirmed. Hickmon v. State, 755 So. 2d 787 (Fla. 5th DCA 2000).
Next, Hickmon filed a motion pursuant to Florida Rule of Criminal Procedure 3.800, seeking relief under Heggs.
He was eventually resentenced in 2000 to 22 months on his 1998 judgment. Obviously, the term of his sentence has expired. He is apparently still incarcerated because of a 2001 cocaine conviction.
It is not clear to this court why Hickmon filed this motion in regard to his sentence in Case No. 97-598. What is clear, however, is that Hickmon has exhausted this court’s patience with his numerous, successive motions filed in connection with this criminal case. Accordingly, we order Hickmon to show cause why he should not be barred from filing any further pro se pleadings or motions in connection with his 1997 criminal case, within 30 days. See State v. Spencer, 751 So. 2d 47 (Fla.1999).
AFFIRMED.
PLEUS and MONACO, JJ., concur. . §§ 893.13(l)(a)l. and 893.13(6)(A), Fla. Stat. . Heggs v. State, 759 So. 2d 620 (Fla.2000).
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Trizell E. Johnson v. State, 881 So. 2d 88 (Fla. 5th DCA 2004)…have corrected the sentence. Although Johnson did not allege that the error was apparent on the face of the record,1 the attached written portion of his sentence showed he [*89] did not receive prison credit from the trial court. See Scott v. State, 872 So. 2d 1011 (Fla. 5th DCA 2004) (defendant was entitled to prison credit following revocation of his probation, and sentencing court erred by not authorizing DOC to compute and apply credit for time served in state prison). The order denying relief is REVERSED…
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Binkley v. State, 900 So. 2d 650 (Fla. 5th DCA 2005)…, 789 So. 2d 958 (Fla.2001), the court clarified that it was not its intent to provide a sentencing boon or windfall to defendants upon violations of probation. See also Moore v. State, 882 So. 2d 977 (Fla.2004). We find the case of Scott v. State, 872 So. 2d 1011 (Fla. 5th DCA 2004) dispositive. In Scott, we held that a motion filed pursuant to Rule 3.800 is the proper vehicle to claim additional prison credit. Id. at 1012. In Scott, the defendant sought additional prison credit on a second count after a vio…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Barner v. State, 755 So. 2d 787 (Fla. 5th DCA 2000)