BARTON HILL
v.
THE STATE OF FLORIDA
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A defendant seeking relief under Florida Rule of Criminal Procedure 3.800(a)(1) must demonstrate through the face of court records an affirmative entitlement to relief, and an illegal sentence is limited to one exceeding the maximum period set by law for the offense.
[1] An illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(1) is one that exceeds the maximum period set forth by law for a particular offense, without regard…
[2] A defendant seeking relief under Florida Rule of Criminal Procedure 3.800(a)(1) must demonstrate affirmative allegations that the court records establish on their face an…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines.”
Definition of illegal sentence from Chesson v. State, cited to establish the scope of relief available under Rule 3.800(a)(1).
Barton Hill appealed a circuit court decision regarding his sentence, presenting claims via Rule 3.800(a)(1) motion. The trial court and appellate cou…
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLER, J.
Affirmed. See Fla. R. Crim. P. 3.800(a)(1) (requiring affirmative allegations “that the court records demonstrate on their face an entitlement to . . . relief”); see also Chesson v. State, 729 So. 2d 974, 975 (Fla. 3d DCA 1999) (“[A]n illegal sentence is one that exceeds the maximum period set forth by law for a particular offense without regard to the guidelines.”) (citations omitted); § 948.06(1)(g), Fla. Stat. (“Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant for such violation, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period.”).