HERBY LUMA, A/K/A JAY ERIC HUDGES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-02-23
No. 3D04-2685
Before COPE, WELLS and SHEPHERD, JJ.
895 So. 2d 1202 Florida District Court of Appeal, Third District (2005) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the denial of the defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) finding that his claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence. Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004). We also certify direct conflict with Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004).

Affirmed; direct conflict certified.


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  • J.A.S. v. State, 920 So. 2d 759 (Fla. 2d DCA 2006)
    …testimony, the State did not show that the father was injured by the criminal act of another person. The State argues that, even without the father’s statements, the corpus delicti was proved by circumstantial evidence. It relies on J.P. v. State, 895 So. 2d 1202, 1205 (Fla. 5th DCA 2005), where the evidence showed that J.P.’s mother left him at home with her dogs and later returned to find one of the dogs in obvious pain. He died the next morning. After an autopsy, a veterinarian determined that the pet had…
  • Morales v. State, 909 So. 2d 478 (Fla. 3d DCA 2005)
    …479] brought by a motion to correct illegal sentence under Rule 3.800(a). See Gonzalez v. State, 897 So. 2d 551 (Fla. 3d DCA 2005); Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005); Reese v. State, 896 So. 2d 807 (Fla. 3d DCA 2005); Luma v. State, 895 So. 2d 1202 (Fla. 3d DCA 2005); Satahoo v. State, 895 So. 2d 1195 (Fla. 3d DCA 2005); Galindez v. State, 892 So. 2d 1231 (Fla. 3d DCA 2005); Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994); see also Boyd…

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