GARRARD
v.
STATE
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The appellate court affirmed the denial of a motion to correct an illegal sentence but allowed the appellant to refile an amended motion. This decision clarifies that a defendant can seek to correct sentencing errors if they provide proper documentation, such as a plea and sentencing hearing transcript.
The denial of the motion to correct an illegal sentence is affirmed without prejudice. Garrard may file an amended motion if he attaches a certified transcript of his plea and sentencing hearing that demonstrates an error in his written judgment and sentence.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) must be supported by a certified transcript of the plea and sentencing hearing t…
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Join FLexlaw to unlock all legal intelligence“Affirmed without prejudice to any right appellant may have to file an amended motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and to attach a certified copy of the transcript of appellant's plea and sentencing hearing that establishes the existence of an error in appellant's written judgment and sentence.”
This quote states the court's decision and the conditions under which the appellant can refile his motion.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilfred Garrard appealed the denial of his motion to correct an illegal sentence. The motion likely alleged an error in his written judgment and sente…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
WILFRED GARRARD, ) ) Appellant, ) ) v. ) Case No. 2D18-1301 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________)
Opinion filed February 27, 2019.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County, Chris Helinger, Judge.
Wilfred Garrard, pro se.
PER CURIAM.
Affirmed without prejudice to any right appellant may have to file an amended motion to correct illegal sentence under Florida Rule of Criminal Procedure
3.800(a) and to attach a certified copy of the transcript of appellant's plea and sentencing hearing that establishes the existence of an error in appellant's written judgment and sentence. See Nielson v. State, 984 So. 2d 587, 588-89 (Fla. 2d DCA
2008); see also Williams v. State, 957 So. 2d 600, 604 (Fla. 2007).
NORTHCUTT, VILLANTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. State, 957 So. 2d 600 (Fla. 2007)
- Gary v. State, 984 So. 2d 587 (Fla. 1st DCA 2008)
- Nielson v. State, 984 So. 2d 587 (Fla. 2d DCA 2008)