ANTONIO WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Upward Departure From Sentencing Guidelines cases and more on FLexlaw
Appellant challenges the denial of his motion to correct an illegal sentence, attacking the evidentiary basis of the reasons the trial court gave for an upward departure. We affirm. Challenges to the validity of the factors the trial court used to depart upward in sentencing, if preserved, can be raised in direct appeal from sentencing, but they are not claims of illegal sentence cognizable in a rule 3.800 or rule 3.850 motion. See Austin v. State, 874 So.2d 47, 48 (Fla. 4th DCA 2004) (rule 3.800 motion); Pula v. State, 652 So.2d 981, 982 (Fla. 5th DCA 1995) (rule 3.850 motion). Here, appellant did file a direct appeal from his conviction and sentence, which this court summarily affirmed. See Wright v. State, 663 So.2d 639 (Fla. 4th DCA 1995). Thus, he had the opportunity to raise this issue. As such, the validity of the reasons has become the “ ‘law of the case.’ ” Pula, 652 So.2d at 982 (quoting Sanders v. State, 621 So.2d 723 (Fla. 5th DCA 1993)); see also Wood v. State, 867 So.2d 590, 592 (Fla. 5th DCA 2004).
Affirmed.
WARNER, HAZOURI and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Beaton v. State, 162 So. 3d 126 (Fla. 4th DCA 2014)…single continuing session of interrogation and the officers did not have to re-advise him of his Miranda rights. Beaton’s sentences are not illegal, and the grounds for departure cannot be challenged in a postconviction motion. See Wright v. State, 126 So. 3d 1204 (Fla. 4th DCA 2012); Austin v. State, 874 So. 2d 47 (Fla. 4th DCA 2004). We also disagree with Beaton that the trial court did not cite any valid grounds for an upward departure sentence. Having reviewed Beaton’s response to this Court’s order, we…
Authorities Cited
- Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)
- Wood v. State, 867 So. 2d 590 (Fla. 5th DCA 2004)
- Goodloe v. State, 652 So. 2d 981 (Fla. 5th DCA 1995)
- Pula v. State, 652 So. 2d 981 (Fla. 5th DCA 1995)
- Austin v. State, 874 So. 2d 47 (Fla. 4th DCA 2004)