JOSE FERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Jose Fernandez, appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion, brought pursuant to Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision, we affirm. See Clark v. State, 903 So. 2d 292, 293 (Fla. 3d DCA 2005); Reed v. State, 898 So. 2d 1204 (Fla. 3d DCA 2005); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). We do not address the appellant’s claim that his sentence was disproportionate because such a claim is not cognizable on a motion to correct illegal sentence. See Lykins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005).
Affirmed.
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Alphonso Shivers v. State, 96 So. 3d 1039 (Fla. 4th DCA 2012)…ounts because they occurred in the same criminal episode without any temporal break. Whether a defendant’s sentence is disproportionate as compared to his co-defendant’s sentence is not cognizable in a rule 3.800(a) motion. See Fernandez v. State, 910 So. 2d 352 (Fla. 3d DCA 2005) (citing Lykins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005)). Furthermore, consecutive sentences for the two robbery counts committed in the same criminal episode were not illegal. See § 921.16, Fla. Stat. (1973) (“A defendant…
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Obando v. Ric L. Bradshaw, 920 So. 2d 198 (Fla. 4th DCA 2006)…response to our order to show cause that we have previously held that the administrative order in question requires an O.R. release on the capias issued on a failure to appear at arraignment on charges filed after a “no file.” See Colon v. Bradshaw, 910 So. 2d 352 (Fla. 4th DCA 2005) (granting habeas petition and ordering defendant’s release on his own recognizance); Thomas v. Bradshaw, 905 So. 2d 251 (Fla. 4th DCA 2005) (granting habeas petition and ordering defendant’s immediate release, finding petition co…
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Jabari S. Gray v. State, 98 So. 3d 1214 (Fla. 3d DCA 2012)…[*1215] PER CURIAM. Affirmed. See Fernandez v. State, 910 So. 2d 352, 352 (Fla. 3d DCA 2005) (recognizing that a defendant’s claim that his sentence was disproportionate is not cognizable on a motion to correct illegal sentence (citing Lylcins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005))); see also Shivers v. St…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
- Westerheide v. State, 888 So. 2d 702 (Fla. 5th DCA 2004)
- Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004)
- Reiser v. State of Fla. & Deborah J. Austin, 894 So. 2d 302 (Fla. 4th DCA 2005)
- Lykins v. State, 894 So. 2d 302 (Fla. 3d DCA 2005)
- Hoover Reed v. State, 898 So. 2d 1204 (Fla. 3d DCA 2005)
- Robbie Clark, Jr. v. State, 903 So. 2d 292 (Fla. 3d DCA 2005)