RANDOLPH SHIFLET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2010-10-06
No. 4D09-4773
WARNER, POLEN and LEVINE, JJ., concur.
50 So. 3d 1153 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant already raised this very issue in a prior motion, which the trial court denied, and this court affirmed on appeal. See Shiflet v. State, 956 So.2d 466 (Fla. 4th DCA 2007). In addition, as noted by the trial court, his claim that his sentence is illegal based upon State v. Huggins, 802 So.2d 276 (Fla.2001), is without merit, as the ruling of Huggins was abrogated by statute for all crimes committed after July 1, 2001, which would include the offense committed by appellant.

WARNER, POLEN and LEVINE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Kelly v. State, 126 So. 3d 1149 (Fla. 4th DCA 2012)
    …ee Reoffender sentence consecutively when the two sentences are for separate offenses arising out of the same criminal episode). See also § 775.082(9)(a)l.q., Fla. Stat. (including burglary of a dwelling as a PRR qualifying crime); Shiflet v. State, 50 So. 3d 1153 (Fla. 4th DCA 2010). MAY, C.J., WARNER and STEVENSON, JJ„ concur.…
  • Plain v. State, 141 So. 3d 696 (Fla. 4th DCA 2014)
    …correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant committed his burglary offense in 1997 before the legislature superseded the holding of State v. Huggins, 802 So. 2d 276 (Fla.2001). See Shiflet v. State, 50 So. 3d 1153 (Fla. 4th DCA 2010). The jury made no finding that the dwelling was occupied, and the jury’s failure to make that finding was not harmless under the circumstances of this case. Appellant has demonstrated that his mandatory life sentence as a prison…
  • Gandy v. State, 89 So. 3d 1067 (Fla. 4th DCA 2012)
    …PER CURIAM. Affirmed. See Shiflet v. State, 50 So. 3d 1153 (Fla. 4th DCA 2010). MAY, C.J., WARNER and POLEN, JJ., concur.…

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