TERRY BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TERRY BARNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
884 So. 2d 376
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Terry Barnes challenges the summary denial of his motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the order of the trial court without prejudice to any right Barnes might have to raise these same claims in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. See Drayton v. State, 786 So. 2d 1196 (Fla. 2d DCA 2001).
FULMER, COVINGTON, and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Petruny v. State, 884 So. 2d 312 (Fla. 4th DCA 2004)…d any exist. See Puskac, 872 So. 2d at 1008. Additionally, we again certify conflict with McCall and subsequent cases from the Second District Court of Appeal.1 GUNTHER, WARNER and GROSS, JJ., concur. . See, e.g., Ey v. State, 2004 WL 2008503, 884 So. 2d 376 (Fla. 2d DCA Sept. 10, 2004), and cases cited therein.…
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Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005)…DCA 1994) (citing State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993), opinion adopted, 638 So. 2d 515 (Fla.1994)) (citation omitted). See also Wright v. State, 891 So. 2d 618, No. 3D04-2789 (Fla. 3d DCA opinion filed Jan. 26, 2005); Ey v. State, 884 So. 2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So. 2d 726, 727-28 (Fla. 2d DCA), rev. denied, 888 So. 2d 621 (Fla.2004). We comment briefly on two recent cases from this court which addressed vindictive sentencing claims which had been brought under Rule 3…
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Galindez v. State, 892 So. 2d 1231 (Fla. 3d DCA 2005)…ing. Under this court’s precedents, a vindictive sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994); see also Ey v. State, 884 So. 2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA), review denied, 888 So. 2d 621 (Fla. 2004). We certify direct conflict with Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004). Affirmed; direct conflict certified.* * We have…
Authorities Cited
- Drayton v. State, 786 So. 2d 1196 (Fla. 2d DCA 2001)