JESUS GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JESUS GONZALEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
897 So. 2d 551
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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 for 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morales v. State, 909 So. 2d 478 (Fla. 3d DCA 2005)…endant filed the current motion to correct illegal sentence, alleging vindictive sentencing. We have held that a vindictive sentencing claim cannot be [*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, 89…
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Martinez v. State, 904 So. 2d 473 (Fla. 3d DCA 2005)…74] PER CURIAM. We affirm the order denying defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Defendant’s vindictive sentencing claim may not be raised in a motion to correct illegal sentence. See Gonzalez v. State, 897 So. 2d 551 (Fla. 3d DCA 2005); Reese v. State, 896 So. 2d 807 (Fla. 3d DCA 2005); Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Bouno v. State, 900 So. 2d 672 (Fla. 5th DCA 2005). Affirmed.…
Authorities Cited
- Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004)
- Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004)
- Lacce Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005)