ROBERT L. COLLIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Robert Collier appeals an order denying his postconviction motion to correct an illegal sentence. See Fla. R. Crim. P. 3.800(a). In 2009, Collier was convicted of armed robbery and sentenced to life imprisonment. In his postconviction motion, he alleged his life sentence is illegal because the trial court improperly took into account his lack of remorse and candor when imposing the sentence. See Green v. State, 84 So.3d 1169, 1171 (Fla. 3d DCA 2013) (“[A] lack of remorse, the failure to accept responsibility, or the exercise of one’s right to remain silent at sentencing may not be considered by the trial court in fashioning the appropriate sentence.”). However, such a claim asserts error in the sentencing process, as opposed to the legality of the sentence itself, and thus, cannot be raised in a rule 3.800(a) motion. See Guilford v. State, 88 So.3d 998, 999 (Fla. 2d DCA 2012) (holding claim that trial court erroneously took into account defendant’s failure to admit guilt and accept responsibility not cognizable in rule 3.800(a) motion). Accordingly, Collier’s motion was properly denied.
AFFIRMED.
ROBERTS, MARSTILLER, and SWANSON, JJ., concur.
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Kramer v. State (Fla. 1st DCA 2021)…apital sexual battery that was pending at that time in a separate criminal proceeding. The lower tribunal correctly denied Appellant’s claim as it challenged the procedure leading to the sentence and not the sentence itself. See Collier v. State, 148 So. 3d 797, 798 (Fla. 1st DCA 2014). Appellant argues for reversal because the sentence resulted from a fundamental due process violation. Appellant reads this Court’s opinion in Robinson v. State, 215 So. 3d 1262 (Fla. 1st DCA 2017), and the Supreme Co…
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Darwin Bois v. State (Fla. 3d DCA 2025)…xplaining that “alleged flaws in the procedure used to impose [the defendant’s] sentence and specifically . . . the court’s failure to consider certain mitigating factors . . . is not a proper basis for a rule 3.800(a) motion”); Collier v. State, 148 So. 3d 797, 798 (Fla. 1st DCA 2014) (“In his postconviction motion, he alleged his life sentence is illegal because the trial court improperly took into account his lack of remorse and candor when imposing the sentence. . . . However, such a claim asserts e…
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Dallas v. State (Fla. 1st DCA 2021)…purpose of rule 3.800(a) is to correct errors in the sentence, not in the sentencing process. Fla. R. Crim. P. 3.800(a) (allowing a court to correct an illegal sentence or an incorrect calculation made in a sentencing scoresheet); Collier v. State, 148 So. 3d 797, 798 (Fla. 1st DCA 2014) (holding that a claim of error in the sentencing process cannot be raised in a rule 3.800(a) motion). Claims of vindictive sentencing and bias are not errors in the sentence itself, but errors in the sentencing process. Rosa…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 84 So. 3d 1169 (Fla. 3d DCA 2012)
- Stevon L. Guilford v. State, 88 So. 3d 998 (Fla. 2d DCA 2012)