ISIAH JERMAINE CORBETT
v.
STATE OF FLORIDA

Fla. 4th DCA | 2021-01-06
No. 18-1654
277 So. 3d 638 Florida District Court of Appeal, Fourth District (2021) Caution
Cited by 39 cases

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Holding

The trial court did not abuse its discretion in denying Corbett's Rule 3.800 motion for correction of an illegal sentence.


Headnotes

[1] A trial court's denial of a Rule 3.800 motion challenging the legality of a sentence is reviewed for abuse of discretion.

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Facts & Procedural History

Corbett, convicted in case number 04CF008209A02 in Palm Beach County, filed a Rule 3.800 motion challenging his sentence. The trial court denied the m…

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Opinion of the Court

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 04CF008209A02.

Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant.

No appearance required for appellee. PER CURIAM.

Affirmed. See Hart v. State, ––– So. 3d –––, 43 Fla. L. Weekly D970a, 2018 WL 2049668 (Fla. 4th DCA May 2, 2018) (en banc). We again certify conflict with Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018); Blount v. State, 238 So. 3d 913 (Fla. 2d DCA 2018); Mosier v. State, 235 So. 3d 957 (Fla. 2d DCA 2017); Alfaro v. State, 233 So. 3d 515, 516 (Fla. 2d DCA 2017); and Burrows v. State, 219 So. 3d 910, 911 (Fla. 5th DCA 2017). GERBER, C.J., TAYLOR and KLINGENSMITH, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (34 total)

  • Isiah Jermaine Corbett v. State, 277 So. 3d 638 (Fla. 4th DCA 2021)
  • Tavares Wayntell Spencer v. State, 319 So. 3d 691 (Fla. 2d DCA 2021)
    …0 (Fla. 4th DCA 2018); Montgomery v. State, 230 So. 3d 1256, 1263 (Fla. 5th DCA 2017). MORRIS, C.J., and LABRIT, J., Concur. ATKINSON, J., Concurs in result only with opinion. ATKINSON, J., Concurring. I concur in result only. See Pedroza v. State, 291 So. 3d 541, 545, 548 (Fla. 2020) (holding that a sentence imposed "without individualized consideration of the offender's 'youth and its attendant characteristics' . . . does not implicate . . . Miller, unless it meets the threshold requirement of being a life…
  • Taylor v. State, 299 So. 3d 528 (Fla. 2d DCA 2022)
    …DCA 1992) (same), approved, 642 So. 2d 728 (Fla. 1994). not violate the Eighth Amendment to the United States Constitution,3 so he is not entitled to judicial review of his sentence pursuant to sections 775.082 and 921.1402. See Pedroza v. State, 291 So. 3d 541, 548-49 (Fla. 2020) (juvenile's forty-year sentence was not the functional equivalent of a life sentence and did not violate the Eighth Amendment); State v. Michaud, 320 So. 3d 860, 862 (Fla. 2d DCA 2021) ("Michaud is not entitled to relief under se…

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