JOHN W. MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHN W. MILLER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
937 So. 2d 1159
Florida District Court of Appeal, Third District (2006)
Opinion of the Court
[*1160] PER CURIAM.
A claim of vindictive sentencing cannot be raised by a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). See Morales v. State, 909 So. 2d 478 (Fla. 3d DCA 2005); Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005). Treating the motion as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, and assuming no procedural bar, the transcript excerpts cited by defendant-appellant Miller do not amount to vindictive sentencing within the meaning of Wilson v. State, 845 So. 2d 142, 156 (Fla.2003).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wilson v. State, 845 So. 2d 142 (Fla. 2003)
- Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005)
- Morales v. State, 909 So. 2d 478 (Fla. 3d DCA 2005)