STOKES
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-09-11
No. 1D2024-1379
2024 FL 10900 Florida District Court of Appeal, First District (2024)

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Holding

A criminal defendant has no clear legal right to challenge an unlawfully lenient sentence through a petition for writ of mandamus.


Headnotes

[1] A criminal defendant is not entitled to challenge or correct an unlawfully lenient sentence imposed by the trial court.

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Key Quotes

“criminal defendants are not entitled to correct unlawfully lenient sentences”

Court's citation to Earl v. State, 314 So. 3d 1253, 1255 (Fla. 2021)

Facts & Procedural History

Teddy Shawn Stokes filed a petition for writ of mandamus in the Circuit Court for Santa Rosa County. The petition was appealed to the First District C…

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Opinion of the Court

PER CURIAM.

The Court dismisses the petition for writ of mandamus because Petitioner has not demonstrated a clear legal right to relief. See Earl v. State, 314 So. 3d 1253, 1255 (Fla. 2021) (explaining that criminal defendants are not entitled to correct unlawfully lenient sentences).

RAY, M.K. THOMAS, and NORDBY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Teddy Shawn Stokes, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

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