RICHARD WIGHARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2010-05-14
No. 5D09-4560
GRIFFIN, LAWSON and COHEN, JJ., concur.
34 So. 3d 782 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Wright v. State, 911 So.2d 81, 83 (Fla.2005) (holding that imposition of an upward departure sentence without written reasons is not an issue cognizable in a rule 3.800(a) proceeding); Jackson v. State, 29 So.3d 1152 (Fla. 2d DCA 2010) (same); Wood v. State, 830 So.2d 902 (Fla. 1st DCA 2002) (same).

GRIFFIN, LAWSON and COHEN, JJ., concur.


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  • Wighard v. State, 71 So. 3d 170 (Fla. 5th DCA 2011)
    …legal HFO sentence outside the sentencing guidelines which did not require written departure reasons. On appeal, we concluded the upward departure sentence was not an issue cognizable in a rule 3.800(a) proceeding and affirmed. See Wighard v. State, 34 So. 3d 782 (Fla. 5th DCA 2010). Appellant initiated the instant proceeding by filing a rule 3.850 motion, arguing that his attorney was ineffective for the following reason: [*172] Defendant’s attorney failed to object to the 10-year sentence imposed by the V…
  • Vandyke v. State, 76 So. 3d 1077 (Fla. 5th DCA 2011)
    …Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995), receded from on other grounds, Mack v. State, 823 So. 2d 746, 748-49 (Fla.2002). Accord Wright v. State, 911 So. 2d 81 (Fla.2005); Maddox v. State, 760 So. 2d 89, 107-08 (Fla.2000); Wighard v. State, 34 So. 3d 782 (Fla. 5th DCA 2010); Godwin v. State, 679 So. 2d 362 (Fla. 5th DCA 1996). Likewise, a trial court’s imposition of a prison sentence without the written findings required by section 775.082(10) does not result in an illegal sentence. In so ruling, we…

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