CHARLES GARVIN
v.
STATE OF FLORIDA
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A sentence is illegal under Rule 3.800(a) only if it imposes a kind of punishment that no judge could inflict under any sentencing statute and factual circumstances.
[1] A trial court's imposition of a sentence within the minimum and maximum limits set by statute is a matter within the trial court's discretion and cannot be reviewed on ap…
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Join FLexlaw to unlock all legal intelligence“To be illegal within the meaning of rule 3.800(a) the sentence must impose a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.”
Standard for determining whether a sentence is illegal on appeal
Charles Garvin appealed his sentence imposed by the trial court in Miami-Dade County.…
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Third District Court of Appeal
State of Florida
Opinion filed June 25, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D26-0789 Lower Tribunal No. F94-18171B
Charles Garvin, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jason Bloch, Judge.
Charles Garvin, in proper person.
James Uthmeier, Attorney General, for appellee.
Before SCALES, C.J., and FERNANDEZ and GOODEN, JJ.
PER CURIAM.
Affirmed. See Carter v. State, 786 So. 2d 1173, 1178 (Fla. 2001) (“To be illegal within the meaning of rule 3.800(a) the sentence must impose a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.") (emphasis and citation omitted) ; § 775.021(4)(a), Fla. Stat. (1994) (“Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial."); see also Nusspickel v. State, 966 So. 2d 441, 444 (Fla. 2d DCA 2007) (“Generally, the trial court's imposition of a sentence that is within the minimum and maximum limits set by the legislature is a matter for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level.") (citation omitted).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Nusspickel v. State, 966 So. 2d 441 (Fla. 2d DCA 2007)