EDWARD E. BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-05-18
No. 4D05-1445
KLEIN, TAYLOR and HAZOURI, JJ., concur.
904 So. 2d 505 Florida District Court of Appeal, Fourth 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. Benedetto v. State, 895 So. 2d 1126 (Fla. 4th DCA 2005), citing Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004).

KLEIN, TAYLOR and HAZOURI, JJ., concur.


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  • Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005)
    …arc Thomas, appeals the summary denial of his motion to correct illegal sentence, as supplemented, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the summary denial of his claim of vindictive sentencing. See Baker v. State, 904 So. 2d 505 (Fla. 4th DCA 2005); Benedetto v. State, 895 So. 2d 1126 (Fla. 4th DCA 2005) (citing Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004), review denied, 888 So. 2d 621 (Fla.2004)). We also affirm the summary denial of his claim of illegal sentencing…
  • Mediate v. State, 108 So. 3d 703 (Fla. 5th DCA 2013)
    …y facts to support the court’s departure reasons. The State properly responds by arguing that this claim of error has been waived for purposes of appellate review because the defendant failed to raise the claim in the trial court. In King v. State, 904 So. 2d 505 (Fla. 5th DCA 2005), our court recognized that valid reasons supporting a sentencing departure are statutorily required to be set forth in writing, but held that a party must preserve the right to challenge this sentencing error on appeal by raising…
  • Pryor v. State, 924 So. 2d 868 (Fla. 4th DCA 2006)
    …PER CURIAM. Affirmed. See Baker v. State, 904 So. 2d 505 (Fla. 4th DCA 2005). WARNER, KLEIN and MAY, JJ., concur.…

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