DIEGO JIMENEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This is an appeal from an order denying without evidentiary hearing Diego Jimenez’s motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The trial court’s order denied the motion on the basis that it was successive and untimely.
*195As the State properly concedes, the claims raised by Jimenez are not barred as successive or untimely. See Pleasure v. State, 931 So.2d 1000 (Fla. 3d DCA 2006) (holding successive motions are permitted under Rule 3.800(a) so long as the identical claim has not previously been adjudicated on the merits); accord Mims v. State, 994 So.2d 1233 (Fla. 3d DCA 2008). See also Fla. R.Crim. P. 3.800(a) (“A court may at any time correct an illegal sentence imposed by it....”). The trial court erred in summarily denying Jimenez’s motion on these grounds.
Reversed and remanded for proceedings consistent with this opinion.
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Jimenez v. State, 196 So. 3d 499 (Fla. 3d DCA 2016)…e State’s proper concession of error, this Court reversed the trial court’s ruling that Jimenez’s Rule 3.800(a) motion filed February 11, 2011, was successive, duplicative, and untimely, and remanded to the trial court. See Jim [*501] enez v. State, 88 So. 3d 194 (Fla. 3d DCA 2011), On February 24, 2012, the trial court ruled on the motion, denying it in part and granting in part on the grounds of double jeopardy. On appeal, the State contended that the trial court erred in granting in part Jimenez’s 3.800(a…
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State v. Jimenez, 173 So. 3d 1020 (Fla. 3d DCA 2015)…ARDY CLAUSE. V.INCORRECT CALCULATED SCORESHEET, ASSESSMENT OF VICTIM INJURY POINTS. The motion was denied by the trial court as successive, duplicative and untimely. Based on the State’s proper concession of error, this Court, in Jimenez v. State, 88 So. 3d 194 (Fla. 3d DCA 2011), held that the motion was not successive or untimely and reversed and remanded to the trial court. On February 24, 2012, the trial court ruled on the motion, denying it in part and granting it in part on the grounds of double jeo…
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Jimenez v. State, 215 So. 3d 1259 (Fla. 3d DCA 2017)…t and appealed several of his rule 3.800 denials. In Jimenez’s appeal of the trial court’s denial of Jimenez’s third rule 3.800 motion, this Court reversed and remanded to the trial court on the State’s proper concession of error. Jimenez v. State, 88 So. 3d 194 (Fla. 3d DCA 2011) (Mem) (“Jimenez I”). On remand, the trial court denied Jimenez’s motion in part and granted it in part, on the ground of double jeopardy. Jimenez subsequently appealed this trial court order to this Court, and, on July 8, 2015, th…
Authorities Cited
- Ladell M. Pleasure v. State, 931 So. 2d 1000 (Fla. 3d DCA 2006)
- Perraza v. State, 994 So. 2d 1233 (Fla. 3d DCA 2008)
- Orin A. Mims v. State, 994 So. 2d 1233 (Fla. 3d DCA 2008)