FERNANDO GARLOBO
v.
STATE OF FLORIDA
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A sentence is illegal only if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances, and Apprendi claims are not cognizable in a rule 3.800(a) motion.
[1] Apprendi claims are subject to harmless error review and are not cognizable as illegal sentence claims in a motion to correct an illegal sentence under Florida Rule of Cr…
[2] Under Florida's 10-20-life statute, section 775.087(2)(a)(3), the trial court has discretion to impose a mandatory minimum sentence between twenty-five years and life imp…
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Join FLexlaw to unlock all legal intelligence“A sentence is 'illegal' if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances . . .”
Definition of illegal sentence from Carter v. State, cited by the court to establish the standard for rule 3.800(a) motions.
Fernando Garlobo appealed from an order granting in part and denying in part his motion to correct an illegal sentence filed under Florida Rule of Cri…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed July 8, 2026.
Not final until disposition of timely filed motion for rehearing.
Nos. 3D26-0362 & 3D25-2553 Lower Tribunal No. F18-12209
Fernando Garlobo, Appellant,
vs.
State of Florida, Appellee.
Appeals under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Fernando Garlobo, in proper person.
James Uthmeier, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.
Before FERNANDEZ, MILLER, and BOKOR, JJ.
MILLER, J.
Appellant, Fernando Garlobo, appeals from an order granting in part and denying in part his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Garlobo has established no error in that aspect of the trial court's order denying relief. See Carter v. State, 786 So. 2d 1173, 1181 (Fla. 2001) (“A sentence is 'illegal' if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances . . . .") (quotation omitted); see also Maye v. State, No. SC2023-1184, 2026 WL 1346031, at *4 (Fla. May 14, 2026) (“Because Apprendi[1] claims are subject to harmless error review, they are not the type of 'illegal sentence' claim cognizable in a rule 3.800(a) motion.”). To the extent he further claims the trial court improperly reduced his minimum mandatory sentence in his absence, we impute no reversible error. See Ranne v. State, No. 4D2024- 2951, 2026 WL 1014162, at *1 (Fla. 4th DCA Apr. 15, 2026) (“Section 775.087(2)(a)(3), known as 'the 10-20-life statute,' gives the trial court discretion to choose a mandatory minimum from twenty-five years up to life, even if that chosen mandatory minimum exceeds the normal statutory maximum.") (quotation omitted); id. at *2 (“If the jury . . . finds the defendant discharged a firearm and caused great bodily harm, 10-20-life applies and
gives the court discretion to impose a mandatory minimum between twentyfive years and life." (citing § 775.087(2)(a) 3., Fla. Stat. (2021))).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)