MICHAEL A. MITCHELL
v.
STATE OF FLORIDA
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The Florida Fourth District Court of Appeal affirmed the denial of a motion to correct an illegal sentence, holding that such a motion is moot once the sentence has been fully served.
Yes, a motion to correct an illegal sentence is moot if the sentence has already been fully served.
[1] A motion to correct an illegal sentence becomes moot when the sentence has been fully served and is therefore not subject to appellate review or correction.
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Join FLexlaw to unlock all legal intelligence“motion to correct an illegal sentence which has been served is moot”
Establishes the legal principle that the motion is moot after the sentence is served.
Michael A. Mitchell appealed the denial of his motion to correct an illegal sentence. The State of Florida was the appellee. The specific details of t…
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Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Caroline C. Shepherd, Judge; L.T. Case No. 501996CF009161B.
Michael A. Mitchell, Daytona Beach, pro se. No appearance required for appellee. PER CURIAM. Affirmed. See Sneed v. State, 749 So. 2d 545, 546 (Fla. 4th DCA 2000) (motion to correct an illegal sentence which has been served is moot). WARNER, GERBER and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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