JUAN N. ESPINOSA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Espinosa appealed a trial court's denial of his successive Rule 3.800 motion challenging his designation as a Prison Releasee Reoffender. The appellate court affirmed the denial, clarifying that the trial court properly addressed only the successive motion while the earlier motion challenging his Violent Career Criminal designation remained pending below.
The appellate court affirmed the trial court's order denying relief on the May 28, 2015 Rule 3.800 motion concerning the Prison Releasee Reoffender designation. The court clarified that the State's response was directed only to the successive motion, not both motions, and the April 1, 2015 motion challenging the Violent Career Criminal designation remained pending in the trial court.
[1] A trial court's order denying a motion to correct an illegal sentence is affirmed when the record conclusively shows the defendant was correctly sentenced.
[2] A defendant may file successive motions to correct an illegal sentence when the issues raised have not been previously adjudicated.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A review of the trial docket shows the State filed a Response directed to the "successive" .Rule 3,800 motion filed May 28, 2015 (the Prison Releasee Reof-fender issue), and the trial court's order denying relief was directed to that motion.”
Establishes that the trial court properly addressed only the successive motion and did not conflate the two separate motions as Espinosa claimed.
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Join FLexlaw to unlock all legal intelligenceEspinosa filed a Rule 3.800 motion on April 1, 2015, challenging his designation as a Violent Career Criminal. On May 28, 2015, he filed a successive …
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On April 1, 2015, Espinosa filed a Rule 3.800 motion to correct an illegal sentence entitled “Motion to Correct Illegal Sentence and ‘A Manifest Injustice,’ ” in which he challenged his designation as a Violent Career Criminal. The trial docket indicates that this motion has not yet been ruled upon. On May 28, 2015, Espinosa filed another Rule 3.800 motion entitled “Successive Motion to Correct Illegal Sentence and ‘A Manifest Injustice,’ ” in which he challenged his designation as a Prison Releasee Reoffender and the notice provided' to him of that qualification.1 The State filed a Response to the May 28, 2015 motion and the docket shows the case continued until July 23, 2015, when the trial court rendered its order denying the motion and providing records that conclusively show that Espinosa was correctly sentenced as a Prison Releasee Reoffender.
Appellant Espinosa filed the current appeal, alleging the State used one Response to address both the Violent Career Criminal issue as well as the Prison Releasee Reoffender issue, that the trial court adopted the State’s Response, denied the motions and failed to attach records that conclusively refuted the claims. Espinosa is incorrect.' A review of the trial docket shows the State filed a Response directed to the “successive” .Rule 3,800 motion filed May 28, 2015 (the Prison Releasee Reof-fender issue), and the trial court’s order denying relief was directed to that motion. The docket indicates that the April 1, 2015 Rule 3.800 motion (the Violent Career Criminal issue) remains pending below.
*537We thus affirm the order denying relief as to the Rule 3.800 motion filed on May 28, 2015, without prejudice to Espinosa’s appeal from any order arising from resolution of his pending April 1, 2015 Rule 3.800 motion below.