KENNETH A. JOHNSON
v.
STATE OF FLORIDA
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An appeal must be dismissed when the trial court's order on a motion to correct illegal sentence is not adverse to the appellant.
[1] An order denying a motion to correct an illegal sentence that is not adverse to the defendant is not appealable.
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Join FLexlaw to unlock all legal intelligenceJohnson appealed an order summarily denying his motion to correct illegal sentence, in which he argued that the trial court's failure to impose a requ…
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PER CURIAM.
Kenneth A. Johnson appeals an order summarily denying his motion to correct illegal sentence in which he argued that the trial court’s failure to impose a required mandatory minimum sentence rendered his sentence illegal. Because the challenged order was not adverse to Johnson, we dismiss the appeal. See Earl v. State, 276 So. 3d 359 (Fla. 1st DCA 2019) (certifying conflict with Vargas v. State, 188 So. 3d 915 (Fla. 5th DCA 2016); Solomon v. State, 254 So. 3d 1121 (Fla. 5th DCA 2018); and Burks v. State, 237 So. 3d 1060 (Fla. 3d DCA 2017)).
RAY, C.J., and MAKAR and KELSEY, JJ., concur. _____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Kenneth A. Johnson, pro se, Appellant.
Ashley Moody, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elliott Vargas v. State, 188 So. 3d 915 (Fla. 5th DCA 2016)
- Earl v. State, 276 So. 3d 359 (Fla. 2021)