JUSTIN CORDERO MILLAN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-03-13
No. 20-0013
Jordan, J., Lambert, J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A claim that a sentence was imposed vindictively is not cognizable under Florida Rule of Criminal Procedure 3.800(a).


Headnotes

[1] A claim that a sentence was imposed vindictively is not cognizable under Florida Rule of Criminal Procedure 3.800(a).

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Facts & Procedural History

Justin Cordero Millan appealed from the trial court's denial of his Rule 3.800(a) motion in Orange County.…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JUSTIN CORDERO MILLAN,

Appellant,

v. Case No. 5D20-13

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed March 13, 2020

3.800 Appeal from the Circuit Court for Orange County, John E. Jordan, Judge.

Justin C. Millan, Lowell, pro se.

No Appearance for Appellee.

PER CURIAM.

AFFIRMED. See Bouno v. State, 900 So. 2d 672, 672 (Fla. 5th DCA 2005) (holding that the appellant’s claim that he was the victim of a vindictive sentence from the trial court was not cognizable under Florida Rule of Criminal Procedure 3.800(a)).

LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.


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