PLANAS
v.
STATE
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A motion to correct an unlawful sentence under Florida Rule of Criminal Procedure 3.800(a) is not available when the defendant seeks to challenge the validity of the conviction, as such motions are limited to claims that the sentence itself is illegal without regard to the underlying conviction.
[1] A motion to correct an unlawful sentence under Florida Rule of Criminal Procedure 3.800(a) is limited to claims that the sentence itself is illegal and is not available w…
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“a traditional double jeopardy challenge attacks both the conviction and, by default, the sentence, while rule 3.800(a) is limited to claims that the sentence itself is illegal, without regard to the underlying conviction”
Explanation of the distinction between the scope of rule 3.800(a) motions and other post-conviction remedies
Eniel Planas filed a motion to correct an unlawful sentence purportedly under rule 3.800(a), but the motion attacked both the conviction and the sente…
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PER CURIAM.
We affirm the trial court’s order, which denied Planas’ Motion to Correct an Unlawful Sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The motion, while purportedly seeking to correct an illegal sentence, was instead an attack on both the conviction and the sentence. A motion under rule 3.800(a) is not available where, as here, the defendant seeks to challenge the validity of the conviction (and, by extension, the “legality” of the sentence). Lopez v. State, 2 So. 3d 1057, 1059 (Fla. 3d DCA 2009); Coughlin v. State, 932 So. 2d 1224, 1225 (Fla. 2d DCA 2006) (holding that “a traditional double jeopardy challenge attacks both the conviction and, by default, the sentence, while rule 3.800(a) is limited to claims that the sentence itself is illegal, without regard to the underlying conviction”).
Planas could have and should have raised the instant claim on direct appeal from his conviction and sentence or, if appropriate, by a timely motion filed pursuant to Florida Rule of Criminal Procedure 3.850.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eniel Planas v. State, 321 So. 3d 217 (Fla. 3d DCA 2023)
-
Smith v. State (Fla. 3d DCA 2024)
Authorities Cited
- Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006)
- Lopez v. State, 2 So. 3d 1057 (Fla. 3d DCA 2009)