JOSE LOPEZ
v.
THE STATE OF FLORIDA
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A petitioner challenging a sentence under Rule 3.800(a) bears the burden of demonstrating entitlement to relief on the face of the record, and the State has no burden to establish that the petitioner is not entitled to relief.
[1] Under Florida Rule of Appellate Procedure 3.800(a), a petitioner challenging a sentence bears the burden of demonstrating entitlement to relief on the face of the record,…
Previewing 1 of 1 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“Under rule 3.800(a), 'the burden [is on] the petitioner to demonstrate an entitlement to relief on the face of the record.' The State accordingly has no burden to establish that the petitioner is not entitled to relief.”
Court citing Johnson v. State, 60 So. 3d 1045, 1050 (Fla. 2011) to establish the standard for Rule 3.800(a) petitions.
Jose Lopez appealed from a Circuit Court decision in Miami-Dade County regarding a sentencing matter. The appeal involved a challenge to Lopez's sente…
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Third District Court of Appeal State of Florida
Opinion filed July 17, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0927 Lower Tribunal No. F94-3193 ________________
Jose Lopez, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Michelle Delancy, Judge.
Jose Lopez, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, GORDO and LOBREE, JJ.
PER CURIAM.
2
Affirmed. See Johnson v. State, 60 So. 3d 1045, 1050 (Fla. 2011) (“Under rule 3.800(a), ‘the burden [is on] the petitioner to demonstrate an entitlement to relief on the face of the record.’ The State accordingly has no burden to establish that the petitioner is not entitled to relief.”) (quoting Williams v. State, 957 So. 2d 600, 602 (Fla. 2007)); see also Lopez v. State, 2 So. 3d 1057, 1059 (Fla. 3d DCA 2009) (“[A] defendant [may not] claim a sentence is illegal based on an alleged discrepancy between an oral pronouncement and a written sentence ... without a transcript of the sentencing hearing or other indisputable evidence of record to support the claim.”) (quoting Nielson v. State, 984 So. 2d 587, 588 (Fla. 2d DCA 2008)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Williams v. State, 957 So. 2d 600 (Fla. 2007)
- Lopez v. State, 2 So. 3d 1057 (Fla. 3d DCA 2009)
- Gary v. State, 984 So. 2d 587 (Fla. 1st DCA 2008)