Cases Citing Rule 3.800
Total Results: 4200
714 So. 2d 429, 1998 WL 306754
Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 461593
Cited 280 times | Published
credit for jail time served is cognizable in a rule 3.800 motion to the extent that court records reflect
Category: Criminal Procedure
848 So. 2d 287, 2003 WL 21088088
Supreme Court of Florida | Filed: May 15, 2003 | Docket: 2487435
Cited 200 times | Published
DEFENDANT ENTITLED TO RELIEF PURSUANT TO A SUCCESSIVE RULE 3.800(a) MOTION TO CORRECT AN ILLEGAL SENTENCE WHEN
Category: Criminal Procedure
983 So. 2d 562, 33 Fla. L. Weekly Fed. S 357
Supreme Court of Florida | Filed: May 29, 2008 | Docket: 1687975
Cited 188 times | Published
present is a sentencing error as contemplated by rule 3.800(b), Florida Rules of Criminal Procedure. If it
Category: Criminal Procedure
760 So. 2d 89
Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543
Cited 171 times | Published
opinion.[2]
We anticipate that the amendments to rule 3.800(b) recently promulgated by this Court in Amendments
Category: Criminal Procedure
957 So. 2d 600, 2007 WL 1437456
Supreme Court of Florida | Filed: May 17, 2007 | Docket: 480089
Cited 159 times | Published
oral and written sentence is cognizable in a rule 3.800(a) proceeding for correction of an illegal sentence
Category: Criminal Procedure
786 So. 2d 1173, 2001 WL 543657
Supreme Court of Florida | Filed: May 24, 2001 | Docket: 1278649
Cited 156 times | Published
Carter filed a postconviction motion pursuant to rule 3.800(a), contending that because life felonies were
Category: Criminal Procedure
755 F.3d 1273, 2014 WL 2809410, 2014 U.S. App. LEXIS 11788
Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 2014 | Docket: 401972
Cited 135 times | Published
April 1, 2009, Insignares filed a second Florida Rule 3.800 motion to correct his sentence. The state
Category: Criminal Procedure
884 So. 2d 321, 2004 WL 1969637
District Court of Appeal of Florida | Filed: Sep 8, 2004 | Docket: 269993
Cited 130 times | Published
not sentences, they are not cognizable under rule 3.800(a). See Rudolf v. State, 851 So.2d 839 (Fla.
Category: Criminal Procedure
661 So. 2d 1193, 1995 WL 424172
Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1526412
Cited 128 times | Published
motion to vacate and set aside his sentence under rule 3.800 and/or rule 3.850, raising for the first time
Category: Criminal Procedure
945 So. 2d 1207, 2006 WL 3741041
Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1399816
Cited 80 times | Published
adequate remedy available.").
[4] See, e.g., Fla. R.Crim. P. 3.800 (providing for the correcting, reducing
Category: Criminal Procedure
969 So. 2d 238, 2007 WL 3101858
Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403811
Cited 78 times | Published
sentence are final. Because motions filed under rule 3.800(a) may be filed "at any time," however, we did
Category: Criminal Procedure
841 So. 2d 362, 2003 WL 60586
Supreme Court of Florida | Filed: Jan 9, 2003 | Docket: 2556287
Cited 67 times | Published
barred from raising the issue on appeal. See Fla. R.Crim. P. 3.800. However, the rule itself expressly states
Category: Criminal Procedure
931 So. 2d 133, 2006 WL 782821
District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 2551801
Cited 65 times | Published
sentencing procedure are procedurally barred in a rule 3.800(a) motion. See Johnson v. State, 917 So.2d 1011
Category: Criminal Procedure
797 So. 2d 1246, 2001 WL 1166736
Supreme Court of Florida | Filed: Oct 4, 2001 | Docket: 1714830
Cited 61 times | Published
sentence can be corrected as illegal pursuant to rule 3.800(a) if the error occurs in the adjudication of
Category: Criminal Procedure
789 So. 2d 1114, 2001 WL 692352
District Court of Appeal of Florida | Filed: Jun 21, 2001 | Docket: 1696029
Cited 58 times | Published
facially insufficient when considered pursuant to rule 3.800(a). Appellant's only complaint is that he had
Category: Criminal Procedure
932 So. 2d 1224, 2006 WL 1879002
District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285538
Cited 54 times | Published
double jeopardy challenges to convictions under rule 3.800(a).
Coughlin entered an open plea of no contest
Category: Criminal Procedure
746 So. 2d 1182, 1999 WL 1115453
District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1360357
Cited 54 times | Published
from an illegal sentence under rule 3.800(a). See Fla.R.Crim.P. 3.800(a) ("A court may at any time correct
Category: Criminal Procedure
84 So. 3d 424, 2012 WL 1070000, 2012 Fla. App. LEXIS 5007
District Court of Appeal of Florida | Filed: Apr 2, 2012 | Docket: 2412819
Cited 46 times | Published
review. Appellant preserved the issue through his rule 3.800(b)(2) motion. See Jackson v. State, 983 So.2d
Category: Criminal Procedure
143 So. 3d 335, 2014 WL 1408559
Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 60293999
Cited 45 times | Published
POST-CONVICTION COURT, PURSUANT TO THE DEFENDANT’S RULE 3.800(a) MOTION, REDUCES THE PRISON SENTENCE AS TO
Category: Criminal Procedure
850 So. 2d 452, 2003 WL 21354797
Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1783540
Cited 44 times | Published
initial brief was filed after the effective date of rule 3.800(b)(2), Florida Rules of Criminal Procedure, but
Category: Criminal Procedure
60 So. 3d 1045, 2011 WL 1496466
Supreme Court of Florida | Filed: Apr 21, 2011 | Docket: 60300040
Cited 42 times | Published
that the trial court did not err in denying a rule 3.800(a) motion. The Third District reasoned that relief
Category: Criminal Procedure
461 F.3d 1380, 2006 U.S. App. LEXIS 21943, 2006 WL 2466912
Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 2006 | Docket: 659286
Cited 42 times | Published
have sought an appeal of the denial of his Fla. R.Crim. P. 3.800 motion tolled the limitations period. We
Category: Criminal Procedure
148 So. 3d 90, 39 Fla. L. Weekly Supp. 573, 2014 Fla. LEXIS 2824, 2014 WL 4638693
Supreme Court of Florida | Filed: Sep 18, 2014 | Docket: 1272471
Cited 41 times | Published
under Apprendi and Blakely is cognizable in a rule 3.800(a) motion. Accordingly, we quash the Second District’s
Category: Criminal Procedure
586 So. 2d 319, 1991 WL 165267
Supreme Court of Florida | Filed: Aug 29, 1991 | Docket: 1742550
Cited 37 times | Published
five months after it imposed sentence. See Fla.R.Crim.P. 3.800(b) (a trial court may modify a legal sentence
Category: Criminal Procedure
708 So. 2d 617, 1998 WL 106947
District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1550477
Cited 36 times | Published
not file a motion to correct his sentence under rule 3.800(b), although the latter two charges are improper
Category: Criminal Procedure
82 So. 3d 1084, 2012 Fla. App. LEXIS 675, 2012 WL 162005
District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 2416814
Cited 32 times | Published
Thereafter, Henry filed a rule 3.800(b) motion, and an amended rule 3.800(b) motion, to correct sentencing
Category: Criminal Procedure
849 F.3d 1321, 2017 WL 836035, 2017 U.S. App. LEXIS 3852, 26 Fla. L. Weekly Fed. C 1238
Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2017 | Docket: 4613411
Cited 31 times | Published
motion to correct an illegal sentence, Fla. R. Crim. P. 3.800,
on the ground that the trial court failed
Category: Criminal Procedure
911 So. 2d 813, 2005 WL 1467321
District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 1751804
Cited 31 times | Published
not appeal his resentencing. In response to a rule 3.800(a) motion, the trial court resentenced the appellant
Category: Criminal Procedure
296 F.3d 1035, 2002 U.S. App. LEXIS 13196, 2002 WL 1426556
Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2002 | Docket: 397477
Cited 30 times | Published
of Criminal Procedure 3.800.
2
The Rule 3.800 motion was filed on March 9, 1999. In his motion
Category: Criminal Procedure
831 So. 2d 137, 2002 WL 31319392
Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1387757
Cited 29 times | Published
certified question: "Whether an unsworn motion under rule 3.800 that alleges a Hale sentencing error and requests
Category: Criminal Procedure
708 So. 2d 263, 1998 WL 65389
Supreme Court of Florida | Filed: Feb 19, 1998 | Docket: 1528188
Cited 29 times | Published
1973), IS AN ILLEGAL SENTENCE COGNIZABLE UNDER RULE 3.800(a), FLORIDA RULES OF CRIMINAL PROCEDURE?
Hopping
Category: Criminal Procedure
911 So. 2d 81, 2005 WL 2095716
Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 1751781
Cited 27 times | Published
pro se motion in the trial court pursuant to rule 3.800(a), arguing that both his sentences were illegal
Category: Criminal Procedure
830 So. 2d 953, 2002 WL 31626711
District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 2569848
Cited 27 times | Published
Evidentiary hearings are not authorized under rule 3.800(a) and if the record does not disclose a sentencing
Category: Criminal Procedure
675 So. 2d 170, 1996 WL 237709
District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1694625
Cited 27 times | Published
Raley's petition to be a request for relief under rule 3.800(a). This is so because our courts are duty bound
Category: Criminal Procedure
905 F.3d 1192
Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7950400
Cited 26 times | Published
October 23, 2012 until November 29, 2012, while his
Rule 3.800(c) motion for reduction of sentence was pending
Category: Criminal Procedure
905 F.3d 1192
Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7950400
Cited 26 times | Published
October 23, 2012 until November 29, 2012, while his
Rule 3.800(c) motion for reduction of sentence was pending
Category: Criminal Procedure
32 So. 3d 674, 2010 Fla. App. LEXIS 3859, 2010 WL 1076243
District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1662506
Cited 26 times | Published
Seventeenth Judicial Circuit Court. See, Fla. R.Crim. P. 3.800(a) ("A court may at any time correct an
Category: Criminal Procedure
729 So. 2d 984, 1999 WL 156815
District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 1653080
Cited 25 times | Published
as a motion to correct illegal sentence under Rule 3.800. See State v. Mancino, 714 So.2d 429 (Fla.1998)
Category: Criminal Procedure
15 So. 3d 672, 2009 Fla. App. LEXIS 8750, 2009 WL 1782987
District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1660427
Cited 24 times | Published
constitute a "sentencing error" as contemplated by rule 3.800(b)(2). If so, then pursuant to Jackson, the absence
Category: Criminal Procedure
907 So. 2d 1224, 2005 WL 1584618
District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 1513035
Cited 24 times | Published
denying in part his Rule 3.800 motion, which raises three grounds pursuant to Rule 3.800(a) and (c). We affirm
Category: Criminal Procedure
823 So. 2d 746, 2002 WL 1430378
Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1512731
Cited 24 times | Published
of the record and subject to correction on a rule 3.800(a) motion. Id. Accordingly, the district court
Category: Criminal Procedure
719 So. 2d 947, 1998 WL 670430
District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 507539
Cited 24 times | Published
be filed within 30 days of sentencing. Fla. R.Crim. P. 3.800(b)(1998). Toro missed that deadline by a
Category: Criminal Procedure
596 So. 2d 73, 1991 WL 170839
District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 1358795
Cited 24 times | Published
correct an illegal sentence filed pursuant to rule 3.800(a).
Accordingly, we reverse the trial court's
Category: Criminal Procedure
885 So. 2d 413, 2004 WL 2309967
District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 385348
Cited 23 times | Published
and addressed by appellate counsel. See Fla. R. Crim P. 3.800(b)(2).
On the basis of the foregoing, we
Category: Criminal Procedure
884 So. 2d 385, 2004 WL 2069811
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1282213
Cited 23 times | Published
2002), held that in a proceeding pursuant to rule 3.800(a) a police report constituted hearsay that could
Category: Criminal Procedure
719 So. 2d 1230, 1998 WL 671409
District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 527247
Cited 23 times | Published
the trial court by an objection or motion under rule 3.800(b). Notwithstanding the fact that the sentence
Category: Criminal Procedure
714 So. 2d 1167, 1998 WL 427117
District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 2579990
Cited 23 times | Published
raise an illegal sentencing claim pursuant to rule 3.800(a), there are a number of requirements:
1. The
Category: Criminal Procedure
143 So. 3d 1023, 2014 WL 3605544, 2014 Fla. App. LEXIS 11179
District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 2309
Cited 22 times | Published
sentence filed pursuant to
*1024
Rule 3.800(b)(2) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
13 So. 3d 132, 2009 Fla. App. LEXIS 7452, 2009 WL 1563426
District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 1188747
Cited 22 times | Published
imposing sentence.
Initially, we must point out that rule 3.800(b)(2) is not the proper mechanism for preserving
Category: Criminal Procedure
13 So. 3d 132, 2009 Fla. App. LEXIS 7452, 2009 WL 1563426
District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 1188747
Cited 22 times | Published
imposing sentence.
Initially, we must point out that rule 3.800(b)(2) is not the proper mechanism for preserving
Category: Criminal Procedure
430 F.3d 1310, 2005 U.S. App. LEXIS 25038, 2005 WL 3098893
Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 2005 | Docket: 213107
Cited 22 times | Published
mitigate, or modify her sentence under Fla. R.Crim. P. 3.800.
Proceeding with court-appointed counsel
Category: Criminal Procedure
199 So. 3d 974, 2016 WL 3090690, 2016 Fla. App. LEXIS 8351
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071359
Cited 21 times | Published
to rule upon it within sixty (60) days. Fla. R.Crim. P. 3.800(b)(2)(B);
see also Dabel v. State
Category: Criminal Procedure
70 So. 3d 559, 36 Fla. L. Weekly Supp. 473, 2011 Fla. LEXIS 1968, 2011 WL 3715074
Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 438919
Cited 21 times | Published
preserved that claim for appellate review by filing a rule 3.800(b) motion, in which he specifically raised this
Category: Criminal Procedure
22 So. 3d 864, 2009 Fla. App. LEXIS 19611, 2009 WL 4827081
District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 1432237
Cited 20 times | Published
corrected this sentencing error via Willard's rule 3.800 motion. Specifically, Willard, after pleading
Category: Criminal Procedure
993 So. 2d 117, 2008 WL 4643183
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1516124
Cited 20 times | Published
it was not raised on direct appeal.
In this rule 3.800(a) motion, Ives does not contend that the release-date
Category: Criminal Procedure
997 So. 2d 424, 2008 WL 4647416
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1377722
Cited 20 times | Published
and sentence. In the present case he filed a rule 3.800(a) motion raising several claims, all of which
Category: Criminal Procedure
705 So. 2d 1379, 1998 WL 42188
Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 1753696
Cited 19 times | Published
Mancino's motion had been properly filed under rule 3.800(a). See, e.g., Butchek v. State, 686 So.2d 21
Category: Criminal Procedure
71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302
District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 2360508
Cited 18 times | Published
court ordered resen-tencing based on Appellant’s rule 3.800(b) motion, a de novo proceeding was conducted
Category: Criminal Procedure
778 So. 2d 429, 2001 WL 85527
District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1687003
Cited 18 times | Published
J.
Thomas appeals the summary denial of his Rule 3.800(a) Motion to Correct Sentence. On August 23,
Category: Criminal Procedure
765 So. 2d 774, 2000 WL 889837
District Court of Appeal of Florida | Filed: Jul 6, 2000 | Docket: 1522946
Cited 18 times | Published
should have treated the motion as a motion under rule 3.800(a) and granted relief.
A jury in Duval County
Category: Criminal Procedure
944 So. 2d 1069, 2006 WL 2520920
District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1155901
Cited 17 times | Published
ANALYSIS
We conclude, as did the trial court, that Rule 3.800(a) is an improper vehicle to challenge the validity
Category: Criminal Procedure
766 So. 2d 1255, 2000 WL 1434120
District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1329971
Cited 17 times | Published
granted, No. 95,707 (Jan. 13, 2000). However, Rule 3.800(b) expressly provides that the trial court must
Category: Criminal Procedure
934 So. 2d 515, 2005 WL 2219472
District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 433745
Cited 16 times | Published
began filing Rule 3.800(a) motions. On July 12, 2000, Hepburn filed his first Rule 3.800(a) motion, alleging
Category: Criminal Procedure
899 So. 2d 1257, 2005 WL 906260
District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1705679
Cited 16 times | Published
illegality of his sentence at any time. Fla. R. Crim. P. 3.800(a). Second, the issue in Flowers I is not
Category: Criminal Procedure
890 So. 2d 286, 2004 WL 2633848
District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1690266
Cited 16 times | Published
1996) (table decision).
In 2004, Burrows filed a rule 3.800(a) motion asserting that his guidelines departure
Category: Criminal Procedure
890 So. 2d 286, 2004 WL 2633848
District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1690266
Cited 16 times | Published
1996) (table decision).
In 2004, Burrows filed a rule 3.800(a) motion asserting that his guidelines departure
Category: Criminal Procedure
341 So. 2d 537
District Court of Appeal of Florida | Filed: Jan 12, 1977 | Docket: 1724128
Cited 16 times | Published
sentence was imposed during a subsequent term.
Fla.R.Crim.P. 3.800 allows a court to reduce a sentence during
Category: Criminal Procedure
28 So. 3d 122, 2010 Fla. App. LEXIS 576, 2010 WL 325915
District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1168548
Cited 15 times | Published
sentencing error must generally file a motion under rule 3.800(b), Florida Rules of Criminal Procedure, in order
Category: Criminal Procedure
710 So. 2d 102, 1998 WL 171495
District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1444475
Cited 15 times | Published
motion to correct the sentence, pursuant to Fla.R.Crim.P. 3.800(b). However, we do not understand the assessment
Category: Criminal Procedure
69 So. 3d 261, 36 Fla. L. Weekly Supp. 215, 2011 Fla. LEXIS 1245, 2011 WL 2061070
Supreme Court of Florida | Filed: May 26, 2011 | Docket: 60302592
Cited 14 times | Published
“scrivener’s error” that was subject to correction under rule 3.800(b). From the time that he was subjected to the
Category: Criminal Procedure
990 So. 2d 494, 2008 WL 3926789
Supreme Court of Florida | Filed: Aug 28, 2008 | Docket: 1293329
Cited 14 times | Published
[1] We resolve this conflict by holding that a rule 3.800(a) motion to correct an illegal sentence may
Category: Criminal Procedure
984 So. 2d 587, 2008 WL 2312491
District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1685650
Cited 14 times | Published
conclude that this statute controls for purposes of rule 3.800(a) in this situation where nothing of record
Category: Criminal Procedure
907 So. 2d 1261, 2005 WL 1812997
District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 459418
Cited 14 times | Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
841 So. 2d 576, 2003 WL 1239911
District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 365036
Cited 14 times | Published
Appellant seeks review of the denial of his rule 3.800 motion to correct illegal sentence, which argued
Category: Criminal Procedure
831 So. 2d 1267, 2002 WL 31828714
District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 1387676
Cited 14 times | Published
pronounced prevails.)
The state relied on Fla. R.Crim. P. 3.800 to support their position that the motion
Category: Criminal Procedure
46 So. 3d 1171, 2010 Fla. App. LEXIS 16637, 2010 WL 4320398
District Court of Appeal of Florida | Filed: Nov 3, 2010 | Docket: 1927482
Cited 13 times | Published
probation. The trial court granted defendant's rule 3.800(b) motion solely on this issue and entered an
Category: Criminal Procedure
957 So. 2d 32, 2007 WL 1201593
District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1679392
Cited 13 times | Published
credit is not "an entitlement" for purposes of rule 3.800(a) that may be requested at any time. If a defendant
Category: Criminal Procedure
947 So. 2d 460, 2006 WL 2819664
District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 1720508
Cited 13 times | Published
until appellant's plea. Appellant filed this Rule 3.800(a) motion alleging entitlement to credit for
Category: Criminal Procedure
901 So. 2d 311, 2005 WL 1025960
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1216237
Cited 13 times | Published
we consider the motion to be denied. See Fla. R.Crim. P. 3.800(b)(2)(B).
First, we address Ayoub's claim
Category: Criminal Procedure
884 So. 2d 1174, 2004 WL 2451757
District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1282083
Cited 13 times | Published
motion to correct illegal sentence pursuant to rule 3.800(a), arguing that the trial court did not have
Category: Criminal Procedure
846 So. 2d 1217, 2003 WL 21294060
District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1709827
Cited 13 times | Published
appeal by objection or by motion pursuant to Rule 3.800(b). Nicholson could not have objected to this
Category: Criminal Procedure
816 So. 2d 773, 2002 WL 959942
District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 2578153
Cited 13 times | Published
Cook has sought relief not available through a rule 3.800 motion, we affirm.
Cook pleaded no contest to
Category: Criminal Procedure
805 So. 2d 956, 2001 WL 1471899
District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1669473
Cited 13 times | Published
facially insufficient and properly denied. Fla. R.Crim. P. 3.800(a); see State v. Mancino, 705 So.2d 1379
Category: Criminal Procedure
793 So. 2d 117, 2001 WL 936160
District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1266375
Cited 13 times | Published
brief was filed in this case, Jackson filed a rule 3.800(b)(2) motion to correct sentencing errors. After
Category: Criminal Procedure
783 So. 2d 1191, 2001 WL 420996
District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 1259529
Cited 13 times | Published
a motion to correct a sentencing error under rule 3.800(b)(2), asserting that the sentences exceeded
Category: Criminal Procedure
766 So. 2d 343, 2000 WL 799346
District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1329743
Cited 13 times | Published
motion to correct illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. In his
Category: Criminal Procedure
392 So. 2d 1335
District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 1678415
Cited 13 times | Published
sentences for two counts of armed robbery. Fla.R.Crim.P. 3.800(a). He alleged that the trial court erred
Category: Criminal Procedure
380 So. 2d 564
District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1402865
Cited 13 times | Published
for a reduction of sentence filed under Fla.R.Crim.P. 3.800. Hallman v. State, 371 So.2d 482 (Fla. 1979)
Category: Criminal Procedure
106 So. 3d 481, 2013 WL 40978, 2013 Fla. App. LEXIS 190
District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60228213
Cited 12 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Haynes
Category: Criminal Procedure
76 So. 3d 991, 2011 Fla. App. LEXIS 18981, 2011 WL 5964337
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60304619
Cited 12 times | Published
motion to correct sentencing error, pursuant to rule 3.800, Florida Rules of Criminal Procedure, thus preserving
Category: Criminal Procedure
2 So. 3d 1057, 2009 Fla. App. LEXIS 753, 2009 WL 249225
District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1137446
Cited 12 times | Published
challenges to convictions are not cognizable under Rule 3.800(a). Coughlin v. State, 932 So.2d 1224, 1226 (Fla
Category: Criminal Procedure
2 So. 3d 1057, 2009 Fla. App. LEXIS 753, 2009 WL 249225
District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1137446
Cited 12 times | Published
challenges to convictions are not cognizable under Rule 3.800(a). Coughlin v. State, 932 So.2d 1224, 1226 (Fla
Category: Criminal Procedure
990 So. 2d 585, 2008 WL 2986421
District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 489351
Cited 12 times | Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
987 So. 2d 155, 2008 WL 2725837
District Court of Appeal of Florida | Filed: Jul 15, 2008 | Docket: 1394714
Cited 12 times | Published
of drug paraphernalia, and the denial of his rule 3.800(b)(2) motion to correct sentencing error. We
Category: Criminal Procedure
987 So. 2d 155, 2008 WL 2725837
District Court of Appeal of Florida | Filed: Jul 15, 2008 | Docket: 1394714
Cited 12 times | Published
of drug paraphernalia, and the denial of his rule 3.800(b)(2) motion to correct sentencing error. We
Category: Criminal Procedure
968 So. 2d 686, 2007 WL 3400885
District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1745425
Cited 12 times | Published
any time under rule 3.800(a). Id. at 603. In assessing the suitability of rule 3.800(a) to address such
Category: Criminal Procedure
920 So. 2d 724, 2006 WL 304545
District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1730752
Cited 12 times | Published
enforcement officer with violence. In denying Reeves's rule 3.800 motion, the trial court concluded that each of
Category: Criminal Procedure
855 So. 2d 1165, 2003 WL 22259423
District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1752588
Cited 12 times | Published
2002) (trial court could treat a defendant's rule 3.800 motion to correct illegal sentence attacking
Category: Criminal Procedure
855 So. 2d 664, 2003 WL 22081375
District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1547415
Cited 12 times | Published
this attack is not properly brought pursuant to rule 3.800.
Nedd was originally charged by information with
Category: Criminal Procedure
246 F.3d 1328
Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2001 | Docket: 1715656
Cited 12 times | Published
filed for state post-conviction relief under Fla.R.Crim.P. 3.800 on October 15, 1996 sufficed to toll the
Category: Criminal Procedure
780 So. 2d 188, 2001 WL 76950
District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1708765
Cited 12 times | Published
raised are not properly addressed pursuant to rule 3.800(a). The trial court held that the issues should
Category: Criminal Procedure
715 So. 2d 960, 1998 WL 283291
District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1366095
Cited 12 times | Published
correct the sentence or order of probation under Rule 3.800(b). In addition, the definition of "rendition"
Category: Criminal Procedure
702 So. 2d 236, 1997 WL 716869
District Court of Appeal of Florida | Filed: Oct 31, 1997 | Docket: 252179
Cited 12 times | Published
illegal sentence that could be corrected under rule 3.800(a). He further argues that the trial court did
Category: Criminal Procedure
702 So. 2d 236, 1997 WL 716869
District Court of Appeal of Florida | Filed: Oct 31, 1997 | Docket: 252179
Cited 12 times | Published
illegal sentence that could be corrected under rule 3.800(a). He further argues that the trial court did
Category: Criminal Procedure
471 So. 2d 1347, 10 Fla. L. Weekly 1616
District Court of Appeal of Florida | Filed: Jun 26, 1985 | Docket: 1724548
Cited 12 times | Published
sentence. Within the sixty-day limit prescribed in Rule 3.800(b) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
921 F.3d 983
Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2019 | Docket: 14929174
Cited 11 times | Published
the limitations period for the entirety of the Rule 3.800(a) proceeding, including the eventual appeal
Category: Criminal Procedure
117 So. 3d 479, 2013 WL 3778918, 2013 Fla. App. LEXIS 11510
District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60232688
Cited 11 times | Published
judgments and sentences are legal nullities. Fla. R. Crim. P. 3.800(b)(2); Williams v. State, 72 So.3d 285
Category: Criminal Procedure
6 So. 3d 733, 2009 Fla. App. LEXIS 3510, 2009 WL 1097921
District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 1665656
Cited 11 times | Published
decision). Knight then raised this exact claim in a rule 3.800(a) motion. Again, we affirmed the denial of the
Category: Criminal Procedure
933 So. 2d 706, 31 Fla. L. Weekly Fed. D 1982
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 635580
Cited 11 times | Published
issuance of the mandate in this case. See Fla. R.Crim. P. 3.800(c); Geary, 139 So.2d at 892; see also Neering
Category: Criminal Procedure
931 So. 2d 1000, 2006 WL 1541236
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 425929
Cited 11 times | Published
Supreme Court has explained, Rule 3.800 allows successive motions. "Rule 3.800... allows a court to correct
Category: Criminal Procedure
914 So. 2d 455, 2005 WL 2508545
District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 2579959
Cited 11 times | Published
Howard's appeal on February 18, 2005. Pursuant to rule 3.800(c) the trial court had jurisdiction until Wednesday
Category: Criminal Procedure
885 So. 2d 924, 29 Fla. L. Weekly Fed. D 2247
District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1286841
Cited 11 times | Published
Frumenti appeals an order summarily denying his Rule 3.800(a) motion.[1] We affirm.
Frumenti was sentenced
Category: Criminal Procedure
884 So. 2d 139, 2004 WL 1584782
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 557880
Cited 11 times | Published
(1999).
The amended information attached to his rule 3.800(a) motion indicates that the information did
Category: Criminal Procedure
884 So. 2d 139, 2004 WL 1584782
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 557880
Cited 11 times | Published
(1999).
The amended information attached to his rule 3.800(a) motion indicates that the information did
Category: Criminal Procedure
863 So. 2d 462, 2004 WL 86183
District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2572016
Cited 11 times | Published
indicated that such a claim was not cognizable under rule 3.800(a) in Luckey v. State, 811 So.2d 802 (Fla. 1st
Category: Criminal Procedure
863 So. 2d 462, 2004 WL 86183
District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2572016
Cited 11 times | Published
indicated that such a claim was not cognizable under rule 3.800(a) in Luckey v. State, 811 So.2d 802 (Fla. 1st
Category: Criminal Procedure
857 So. 2d 955, 2003 WL 22400715
District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 256098
Cited 11 times | Published
pursuant to Florida Rule of Criminal Procedure Rule 3.800(a). In his motion, he requested the court to
Category: Criminal Procedure
810 So. 2d 1025, 2002 WL 360336
District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 2563266
Cited 11 times | Published
805 So.2d 70 (Fla. 2d DCA 2002) (holding that a rule 3.800(a) motion that does not allege that the court
Category: Criminal Procedure
796 So. 2d 572, 2001 WL 1044983
District Court of Appeal of Florida | Filed: Sep 7, 2001 | Docket: 1672517
Cited 11 times | Published
motion is therefore deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
771 So. 2d 37, 2000 WL 1396491
District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1339352
Cited 11 times | Published
(Appellant) appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. The state
Category: Criminal Procedure
732 So. 2d 1187, 1999 WL 247206
District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 1513338
Cited 11 times | Published
sentencing guidelines. The trial court denied the Rule 3.800(a) motion, and defendant has appealed.[6]
*1190
Category: Criminal Procedure
441 So. 2d 1129
District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 1699123
Cited 11 times | Published
1053, 90 S.Ct. 1393, 25 L.Ed.2d 668 (1970); Fla.R.Crim.P. 3.800, and only for limited functions. These functions
Category: Criminal Procedure
404 So. 2d 804
District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1783011
Cited 11 times | Published
sentence had expired on August 3, 1979. Fla.R.Crim.P. 3.800; State v. Sutton, 371 So.2d 717 (Fla. 2d
Category: Criminal Procedure
207 So. 3d 379, 2016 Fla. App. LEXIS 19232
District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631331
Cited 10 times | Published
subsequently failed to correct the error in the rule 3.800(b) proceeding. He argues that the proper remedies
Category: Criminal Procedure
595 F.3d 1233, 2010 U.S. App. LEXIS 1837, 2010 WL 298034
Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2010 | Docket: 1576423
Cited 10 times | Published
filing a Rule 3.800 motion instead of a Rule 3.850 motion, resulting in the dismissal of his Rule 3.800 motion
Category: Criminal Procedure
595 F.3d 1233, 2010 U.S. App. LEXIS 1837, 2010 WL 298034
Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2010 | Docket: 1576423
Cited 10 times | Published
filing a Rule 3.800 motion instead of a Rule 3.850 motion, resulting in the dismissal of his Rule 3.800 motion
Category: Criminal Procedure
917 So. 2d 1011, 2006 WL 12964
District Court of Appeal of Florida | Filed: Jan 4, 2006 | Docket: 411974
Cited 10 times | Published
sentencing procedure are not cognizable in a Rule 3.800(a) motion. See, e.g., Wright v. State, 911 So
Category: Criminal Procedure
911 So. 2d 140, 2005 WL 1398472
District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1751870
Cited 10 times | Published
motion to correct illegal sentence, pursuant to Rule 3.800, Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
876 So. 2d 642, 2004 WL 1360450
District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1671154
Cited 10 times | Published
is sufficiently protected by the mechanisms of rule 3.800(b)).
In the present case, the Appellant neither
Category: Criminal Procedure
853 So. 2d 533, 2003 WL 22023174
District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1189304
Cited 10 times | Published
imposed by it...." Fla. R.Crim. Pro. 3.800(a). Rule 3.800(a) was designed to provide relief to a defendant
Category: Criminal Procedure
823 So. 2d 250, 2002 WL 1798953
District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 1512778
Cited 10 times | Published
sanction as opposed to 18.15 months in prison.
Rule 3.800(b) allows defendants to file a motion to correct
Category: Criminal Procedure
798 So. 2d 789, 2001 WL 1219487
District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1668261
Cited 10 times | Published
conditions.
Kiriazes filed a motion pursuant to rule 3.800(b), Florida Rules of Criminal Procedure, requesting
Category: Criminal Procedure
790 So. 2d 513, 2001 WL 726004
District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 1411969
Cited 10 times | Published
procedural bar to West bringing his motion under Rule 3.800(a), Florida Rules of Criminal Procedure. Because
Category: Criminal Procedure
793 So. 2d 27, 2001 WL 320980
District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1267062
Cited 10 times | Published
as to that count in a motion filed pursuant to rule 3.800(a). See, e.g., Corp v. State, 698 So.2d 1349
Category: Criminal Procedure
760 So. 2d 240, 2000 WL 668981
District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1695328
Cited 10 times | Published
correct an illegal sentence filed pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
747 So. 2d 987, 1999 WL 1043951
District Court of Appeal of Florida | Filed: Nov 19, 1999 | Docket: 1738986
Cited 10 times | Published
429 (Fla.1998), which expanded the remedy of Rule 3.800(a) to include jail credit issues where an error
Category: Criminal Procedure
755 So. 2d 678, 1999 WL 445698
District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1333784
Cited 10 times | Published
stacking of mandatory firearm minimums by means of rule 3.800(a). Since that decision, however, the Florida
Category: Criminal Procedure
679 So. 2d 1158, 1996 WL 350168
Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 471841
Cited 10 times | Published
CLASSIFICATION AS A YOUTHFUL OFFENDER IS COGNIZABLE UNDER RULE 3.800(a), FLORIDA RULES OF CRIMINAL PROCEDURE.
Lee
Category: Criminal Procedure
622 So. 2d 184, 1993 WL 309146
District Court of Appeal of Florida | Filed: Aug 16, 1993 | Docket: 2535333
Cited 10 times | Published
correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Boerstler alleged his scoresheet erroneously
Category: Criminal Procedure
587 So. 2d 638, 1991 WL 205853
District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1713685
Cited 10 times | Published
any time. See Bouie, 360 So.2d at 1142; Fla.R.Crim.P. 3.800(a). The cases relied on by the state in its
Category: Criminal Procedure
541 So. 2d 1140, 1989 WL 27662
Supreme Court of Florida | Filed: Mar 23, 1989 | Docket: 77729
Cited 10 times | Published
holding in rule 3.800(b) and sections 948.01 and 921.187, Florida Statutes (1985).
Rule 3.800(b) provides
Category: Criminal Procedure
508 So. 2d 522, 12 Fla. L. Weekly 1477
District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 1154017
Cited 10 times | Published
contemporaneous objection or presented in an appeal. Fla.R.Crim.P. 3.800(a).[2] The sentence imposed upon Brown, if
Category: Criminal Procedure
445 So. 2d 398
District Court of Appeal of Florida | Filed: Feb 16, 1984 | Docket: 1685528
Cited 10 times | Published
the lesser degree of the conviction. See Fla.R.Crim.P. 3.800(b).
We also note that the trial court "stacked"
Category: Criminal Procedure
855 F.3d 1274, 2017 WL 1573823, 2017 U.S. App. LEXIS 7734
Court of Appeals for the Eleventh Circuit | Filed: May 2, 2017 | Docket: 6057412
Cited 9 times | Published
Corrections disputes, that Rogers’s motion under Rule 3.800(c), Florida Rules of Criminal Procedure, tolled
Category: Criminal Procedure
216 So. 3d 685, 2017 WL 1040741, 2017 Fla. App. LEXIS 3586
District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 60265466
Cited 9 times | Published
issue on appeal that he had not raised in his rule 3.800(a) motion. Therefore, we cannot address the issue
Category: Criminal Procedure
211 So. 3d 989, 42 Fla. L. Weekly Supp. 209, 2017 WL 728098, 2017 Fla. LEXIS 369
Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609132
Cited 9 times | Published
DCA 2001).
In March 2014, Martinez filed a rule 3.800(a) motion to correct illegal sentence in which
Category: Criminal Procedure
177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808
District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258
Cited 9 times | Published
court did not act on it within 60 days. See Fla. R. Crim. P. 3.800(b)(2)(B); 3.800(b)(1)(B).
Our precedent
Category: Criminal Procedure
94 So. 3d 468, 37 Fla. L. Weekly Supp. 259, 2012 WL 1123738, 2012 Fla. LEXIS 641
Supreme Court of Florida | Filed: Apr 5, 2012 | Docket: 60310893
Cited 9 times | Published
here.
The definition of “illegal sentence” under rule 3.800, which is employed by the majority here, is derived
Category: Criminal Procedure
34 So. 3d 207, 2010 Fla. App. LEXIS 6573, 2010 WL 1874269
District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1130568
Cited 9 times | Published
on the motion, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(b), (b)(2)(b).
The motion to correct
Category: Criminal Procedure
27 So. 3d 181, 2010 Fla. App. LEXIS 981, 2010 WL 391818
District Court of Appeal of Florida | Filed: Feb 5, 2010 | Docket: 1206375
Cited 9 times | Published
DCA 2009), this court began by *183noting that rule 3.800(b) “is not the proper mechanism for preserving
Category: Criminal Procedure
24 So. 3d 566, 2009 WL 2342472
District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1648543
Cited 9 times | Published
sixty-day period for modifying a sentence under rule 3.800(c) had expired, the trial court had no jurisdiction
Category: Criminal Procedure
967 So. 2d 948, 2007 WL 2733908
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1454034
Cited 9 times | Published
(affirming that a Hale claim is not cognizable under rule 3.800 when based on hearsay information contained in
Category: Criminal Procedure
937 So. 2d 1218, 2006 WL 2683628
District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 228890
Cited 9 times | Published
as a Prison Release Reoffender (PRR). In his rule 3.800(a) motion, the defendant claims that his sentence
Category: Criminal Procedure
930 So. 2d 835, 2006 WL 1541020
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1749551
Cited 9 times | Published
held that a trial court must grant relief under rule 3.800(a) where the record reflects a scoresheet error
Category: Criminal Procedure
927 So. 2d 248, 2006 WL 1196463
District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 271454
Cited 9 times | Published
pronouncement of sentence. Such claim is cognizable under rule 3.800(a). Hunter v. State, 846 So.2d 1227, 1228 (Fla
Category: Criminal Procedure
901 So. 2d 364, 2005 WL 1047287
District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1666240
Cited 9 times | Published
through his appellate counsel filed a timely Rule 3.800(b)(2) motion arguing that the State had violated
Category: Criminal Procedure
889 So. 2d 935, 2004 WL 2921886
District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488060
Cited 9 times | Published
appellate review had appellate counsel filed a rule 3.800(b)(2) motion to correct sentencing error in the
Category: Criminal Procedure
886 So. 2d 336, 2004 WL 2559890
District Court of Appeal of Florida | Filed: Nov 12, 2004 | Docket: 1721150
Cited 9 times | Published
determined on the face of the judgment. Thus, Rule 3.800(a) does not provide an appropriate remedy. Bryant
Category: Criminal Procedure
807 So. 2d 727, 2002 WL 192011
District Court of Appeal of Florida | Filed: Feb 8, 2002 | Docket: 428481
Cited 9 times | Published
an order denying a postconviction motion under rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
779 So. 2d 571, 2001 WL 98560
District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 420223
Cited 9 times | Published
MOTION TO EXTEND TIME FOR THE RESOLUTION OF A RULE 3.800(b)(2) MOTION, AND GRANTING VOLUNTARY DISMISSAL
Category: Criminal Procedure
770 So. 2d 1262, 2000 WL 1675682
District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 2580306
Cited 9 times | Published
on February 18, 2000, the appellant filed a rule 3.800(a) motion challenging his designation as a habitual
Category: Criminal Procedure
770 So. 2d 1151, 2000 WL 1353726
Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 1778881
Cited 9 times | Published
written order, the supreme court amended Fla. R.Crim. P. 3.800, effective on the day appellant herein was
Category: Criminal Procedure
764 So. 2d 829, 2000 WL 1049894
District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 1515983
Cited 9 times | Published
correct an illegal sentence imposed by it." Fla. R.Crim. P. 3.800(a). A motion to correct sentence is a proper
Category: Criminal Procedure
741 So. 2d 577, 1999 WL 629920
District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1511145
Cited 9 times | Published
served on a criminal sentence may be raised in a Rule 3.800(a) motion. Acknowledging this recent case, the
Category: Criminal Procedure
707 So. 2d 1191, 1998 WL 145055
District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 2581494
Cited 9 times | Published
the motion stating that it was untimely because rule 3.800(b) motions must be filed within thirty days of
Category: Criminal Procedure
697 So. 2d 1303, 1997 WL 471480
District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 2568377
Cited 9 times | Published
by this court in his direct appeal. See Fla. R.Crim. P. 3.800(c).
Accordingly, we treat the appeal as
Category: Criminal Procedure
685 So. 2d 31, 1996 WL 691384
District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1735120
Cited 9 times | Published
the filing of a discretionary motion, such as a rule 3.800(b) motion for reduction of sentence that is not
Category: Criminal Procedure
590 So. 2d 1043, 1991 WL 265081
District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 458251
Cited 9 times | Published
previously imposed. This request was made by a Fla.R.Crim.P. 3.800(a) motion to correct an illegal sentence
Category: Criminal Procedure
66 So. 3d 391, 2011 Fla. App. LEXIS 12152, 2011 WL 3300103
District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 2361409
Cited 8 times | Published
court and is therefore deemed denied. See Fla. R. Crim. P. 3.800(b)(1)(B). The State concedes the error
Category: Criminal Procedure
49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159
District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296852
Cited 8 times | Published
Blacker appeals from an order summarily denying his rule 3.800(a) motion to correct illegal sentence. He challenges
Category: Criminal Procedure
9 So. 3d 640, 2009 Fla. App. LEXIS 1955, 2009 WL 605414
District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1667431
Cited 8 times | Published
motion to correct an illegal sentence. See Fla. R.Crim. P. 3.800(a). Johnson's sentence had been affirmed
Category: Criminal Procedure
987 So. 2d 747, 2008 WL 2668958
District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 2580926
Cited 8 times | Published
probation on all counts, to run concurrently. In his rule 3.800(a) motion, Sweet alleged that his sentence was
Category: Criminal Procedure
984 So. 2d 577, 2008 WL 2185445
District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1686094
Cited 8 times | Published
district courts have reversed orders denying rule 3.800(a) motions raising this issue where the record
Category: Criminal Procedure
969 So. 2d 544, 2007 WL 4180879
District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1403682
Cited 8 times | Published
motion to correct a sentencing error pursuant to rule 3.800(b)(2).[2] He alleged only that the trial court
Category: Criminal Procedure
960 So. 2d 907, 2007 WL 2066541
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1726254
Cited 8 times | Published
to correct sentencing error filed pursuant to rule 3.800(b)(2). By way of the motion to correct sentencing
Category: Criminal Procedure
960 So. 2d 907, 2007 WL 2066541
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1726254
Cited 8 times | Published
to correct sentencing error filed pursuant to rule 3.800(b)(2). By way of the motion to correct sentencing
Category: Criminal Procedure
920 So. 2d 825, 2006 WL 397947
District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1441077
Cited 8 times | Published
Byrd filed with the circuit court the subject rule 3.800(c) motion to correct, reduce, and modify the
Category: Criminal Procedure
904 So. 2d 660, 2005 WL 1538102
District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 371748
Cited 8 times | Published
statute were not followed are not cognizable in a rule 3.800(a) proceeding. See Cook v. State, 816 So.2d 773
Category: Criminal Procedure
898 So. 2d 209, 2005 WL 563090
District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 2575080
Cited 8 times | Published
filing a motion to correct sentence pursuant to rule 3.800(b)(2) on July 26, 2004. See Gammon v. State,
Category: Criminal Procedure
864 So. 2d 1257, 2004 WL 177065
District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 1488529
Cited 8 times | Published
summary denial of his motion filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. Berthiaume
Category: Criminal Procedure
848 So. 2d 1060, 2003 WL 21354789
Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1309447
Cited 8 times | Published
(hereinafter the "Act") and our amendments to rule 3.800(b) promulgated by Amendments II, we stated that
Category: Criminal Procedure
814 So. 2d 1197, 2002 WL 596388
District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 2580512
Cited 8 times | Published
to correct sentencing errors below pursuant to rule 3.800, Florida Rules of Criminal Procedure, which should
Category: Criminal Procedure
780 So. 2d 282, 2001 WL 219354
District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1298434
Cited 8 times | Published
filed; therefore, it is deemed denied. See Fla.R.Crim.P. 3.800(b)(1)(B).
Before a trial court may impose
Category: Criminal Procedure
766 So. 2d 1111, 2000 WL 1153996
District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1697680
Cited 8 times | Published
no discretion to mitigate the sentence under Rule 3.800(c), because 3.800(c) provides: "This subdivision
Category: Criminal Procedure
764 So. 2d 779, 2000 WL 986586
District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 470368
Cited 8 times | Published
is no proscription against filing successive rule 3.800(a) motions. See Burnsed v. State, 761 So.2d 1139
Category: Criminal Procedure
708 So. 2d 289, 1998 WL 10878
District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 1528296
Cited 8 times | Published
sentence. See Fla. R.App. P. 9.140(d); Fla. R.Crim. P. 3.800(b).
*290 The statutory amendments specifically
Category: Criminal Procedure
704 So. 2d 681, 1997 WL 774625
District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1355115
Cited 8 times | Published
failed to file a timely motion pursuant to Fla. R.Crim. P. 3.800(b) challenging the award of jail credit
Category: Criminal Procedure
705 So. 2d 915, 1997 WL 716857
District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 1573648
Cited 8 times | Published
1375 (Fla.1996). Subsequently the court amended rule 3.800(b) further by increasing the time for filing
Category: Criminal Procedure
679 So. 2d 1193, 1996 WL 413712
District Court of Appeal of Florida | Filed: Sep 30, 1996 | Docket: 1666033
Cited 8 times | Published
illegal sentence, it was not cognizable under rule 3.800." We disagree.
Florida Rule of Criminal Procedure
Category: Criminal Procedure
676 So. 2d 1030, 1996 WL 347019
District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1692938
Cited 8 times | Published
pursuant to Florida Rule of Criminal Procedure, Rule 3.800(a). We affirm.
According to the defendant, the
Category: Criminal Procedure
660 So. 2d 376, 20 Fla. L. Weekly Fed. D 2109
District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 1755873
Cited 8 times | Published
following opinion in its place.
Appellant filed a rule 3.800 motion alleging that because he was already in
Category: Criminal Procedure
414 So. 2d 640
District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 1242430
Cited 8 times | Published
motion for reduction of sentence pursuant to Fla.R.Crim.P. 3.800 is dismissed because such orders are not
Category: Criminal Procedure
348 So. 2d 1222
District Court of Appeal of Florida | Filed: Jul 26, 1977 | Docket: 1760868
Cited 8 times | Published
is clear that a trial court pursuant to Fla.R.Crim.P. 3.800(b) may reduce a legal sentence at any time
Category: Criminal Procedure
65 So. 3d 1177, 2011 Fla. App. LEXIS 11455, 2011 WL 2937391
District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301646
Cited 7 times | Published
sentencing error must generally file a motion under rule 3.800(b) in order to raise fundamental error on appeal
Category: Criminal Procedure
65 So. 3d 1177, 2011 Fla. App. LEXIS 11455, 2011 WL 2937391
District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301646
Cited 7 times | Published
sentencing error must generally file a motion under rule 3.800(b) in order to raise fundamental error on appeal
Category: Criminal Procedure
37 So. 3d 951, 2010 Fla. App. LEXIS 8655, 2010 WL 2384608
District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 1240645
Cited 7 times | Published
within 60 days; thus, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B). "The statutory authority
Category: Criminal Procedure
31 So. 3d 283, 2010 Fla. App. LEXIS 4187, 2010 WL 1222673
District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647564
Cited 7 times | Published
Kittles, timely appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. He contends
Category: Criminal Procedure
23 So. 3d 190, 2009 Fla. App. LEXIS 16543
District Court of Appeal of Florida | Filed: Nov 5, 2009 | Docket: 60282000
Cited 7 times | Published
error “may be filed by appellate counsel.” Fla. R.Crim. P. 3.800(b)(2). Similarly, as to motions for correction
Category: Criminal Procedure
20 So. 3d 445, 2009 Fla. App. LEXIS 15790, 2009 WL 3364871
District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2527338
Cited 7 times | Published
which can linger long after sentencing. See Fla. R.Crim. P. 3.800(a) (providing that a claim for additional
Category: Criminal Procedure
18 So. 3d 33, 2009 Fla. App. LEXIS 12891, 2009 WL 2835211
District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1640583
Cited 7 times | Published
circuit court's untimely order on Mr. Mapp's rule 3.800(b) motion and affirm the sentences and amount
Category: Criminal Procedure
995 So. 2d 1047, 2008 WL 4891109
District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1285437
Cited 7 times | Published
should be treated as a motion filed pursuant to rule 3.800(a)); Walker v. State, 965 So.2d 1281 (Fla. 2d
Category: Criminal Procedure
988 So. 2d 707, 2008 WL 3357862
District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 372506
Cited 7 times | Published
596 So.2d 1197, 1199 (Fla. 3d DCA 1992). In his rule 3.800(a) *708 motion, the defendant argued, and the
Category: Criminal Procedure
972 So. 2d 307, 2008 WL 199870
District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 2527179
Cited 7 times | Published
remaining portion of the sentence. See Fla. R.Crim. P. 3.800(c) ("This subdivision shall not be applicable
Category: Criminal Procedure
955 So. 2d 642, 2007 WL 1262154
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1659223
Cited 7 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure.
Epperson
Category: Criminal Procedure
929 So. 2d 598, 2006 WL 1222641
District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 1726904
Cited 7 times | Published
probation.
In September 2004, Langford filed a rule 3.800 motion to correct an illegal sentence, arguing
Category: Criminal Procedure
924 So. 2d 831, 2005 WL 2656268
District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 588625
Cited 7 times | Published
fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing
Category: Criminal Procedure
887 So. 2d 1286, 2004 WL 2609304
Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 466632
Cited 7 times | Published
Motion to Correct Sentencing Error, pursuant to rule 3.800(b)(2). The trial court scheduled a hearing on
Category: Criminal Procedure
881 So. 2d 38, 2004 WL 1799857
District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 283661
Cited 7 times | Published
prima facie entitlement to additional credit, Rule 3.800(a) is an available remedy. It is not the defendant's
Category: Criminal Procedure
877 So. 2d 795, 2004 WL 1486078
District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1285014
Cited 7 times | Published
instant collateral attack. He alleged in his rule 3.800(a) motion that after he was allowed to withdraw
Category: Criminal Procedure
853 So. 2d 604, 2003 WL 22056386
District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660163
Cited 7 times | Published
the sentences had the time for considering a Rule 3.800(b) motion not expired. This court therefore vacated
Category: Criminal Procedure
829 So. 2d 299, 2002 WL 31373855
District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 465678
Cited 7 times | Published
Gill's particular claims are cognizable in a rule 3.800(a) motion. See Holt v. State, 781 So.2d 498 (Fla
Category: Criminal Procedure
821 So. 2d 1267, 2002 WL 1769002
District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1236384
Cited 7 times | Published
correct sentencing errors. The prior version of rule 3.800(b) allowed thirty days for a defendant to raise
Category: Criminal Procedure
810 So. 2d 1019, 2002 WL 360425
District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 1223897
Cited 7 times | Published
correct an illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. He raises
Category: Criminal Procedure
784 So. 2d 1222, 2001 WL 387922
District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1743996
Cited 7 times | Published
Weford (defendant) appeals from the denial of his rule 3.800(a) motion to correct illegal sentence. Defendant
Category: Criminal Procedure
781 So. 2d 458, 2001 WL 219930
District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1690474
Cited 7 times | Published
The trial court's first order granted Swilley's rule 3.800(a) motion, finding that the eight year sentences
Category: Criminal Procedure
777 So. 2d 1208, 2001 WL 173291
District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1161216
Cited 7 times | Published
["Columbro"], appeals the summary denial of his Rule 3.800(a) motion. Columbro was sentenced in October
Category: Criminal Procedure
773 So. 2d 1263, 2000 WL 1867576
District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 2579827
Cited 7 times | Published
passed with no action on the motion. See Fla. R.Crim. P. 3.800(b)(1)(B); Kimbrough v. State, 766 So.2d
Category: Criminal Procedure
756 So. 2d 1080, 2000 WL 419890
District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 471330
Cited 7 times | Published
Jeffery Austin appeals the summary denial of his rule 3.800(a) motion to correct an illegal sentence. We
Category: Criminal Procedure
749 So. 2d 527, 1999 WL 1215643
District Court of Appeal of Florida | Filed: Dec 21, 1999 | Docket: 1690390
Cited 7 times | Published
to the order denying relief copies of a prior rule 3.800(a) motion for jail credit and the trial court's
Category: Criminal Procedure
749 So. 2d 527, 1999 WL 1215643
District Court of Appeal of Florida | Filed: Dec 21, 1999 | Docket: 1690390
Cited 7 times | Published
to the order denying relief copies of a prior rule 3.800(a) motion for jail credit and the trial court's
Category: Criminal Procedure
718 So. 2d 283, 1998 WL 567959
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 466400
Cited 7 times | Published
correct his sentence in the trial court pursuant to Rule 3.800(b). Thus, this error is not preserved for review
Category: Criminal Procedure
710 So. 2d 159, 1998 WL 187456
District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1731630
Cited 7 times | Published
challenging incorrect sentences under amended rule 3.800(b). In Neal, we relied upon the supreme court
Category: Criminal Procedure
689 So. 2d 1150, 1997 WL 86059
District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 1477234
Cited 7 times | Published
a firearm, and two other felonies.[1] In his rule 3.800 motion, Nathan attacks only the habitual offender
Category: Criminal Procedure
673 So. 2d 873, 1996 WL 12609
District Court of Appeal of Florida | Filed: Jan 16, 1996 | Docket: 333220
Cited 7 times | Published
motion to correct sentence filed pursuant to Fla. R.Crim.P. 3.800. We affirm.
As Williams' first claim for
Category: Criminal Procedure
360 So. 2d 21
District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 419818
Cited 7 times | Published
by the trial court. We agree.
Pursuant to Fla.R.Crim.P. 3.800(b), a trial court may reduce a legal sentence
Category: Criminal Procedure
358 So. 2d 897
District Court of Appeal of Florida | Filed: May 17, 1978 | Docket: 2568906
Cited 7 times | Published
mitigating.
Such relief is properly sought under Fla. R.Crim.P. 3.800, and not under Fla.R. Crim.P. 3.850. No
Category: Criminal Procedure
207 So. 3d 252, 2016 Fla. App. LEXIS 11165
District Court of Appeal of Florida | Filed: Jul 22, 2016 | Docket: 4115966
Cited 6 times | Published
correct illegal sentence.
See
Fla. R. Crim. P. 3.800(a). He argues the trial court erred by
Category: Criminal Procedure
139 So. 3d 958, 2014 WL 2722762, 2014 Fla. App. LEXIS 8689
District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241252
Cited 6 times | Published
briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental
Category: Criminal Procedure
141 So. 3d 624, 2014 WL 2480088, 2014 Fla. App. LEXIS 8510
District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241970
Cited 6 times | Published
CURIAM.
We affirm the order denying appellant’s rule 3.800(a) motion, but for reasons other than those argued
Category: Criminal Procedure
141 So. 3d 613, 2014 WL 2197543, 2014 Fla. App. LEXIS 8095
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241965
Cited 6 times | Published
offense. That claim was raised in his August 2005 rule 3.800(a) motion, and was denied, see, e.g., Whitfield
Category: Criminal Procedure
137 So. 3d 542, 2014 WL 1374046, 2014 Fla. App. LEXIS 5161
District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240354
Cited 6 times | Published
error that can be preserved via the filing of a rule 3.800(b) motion.”). We grant the petition.
Hernandez
Category: Criminal Procedure
135 So. 3d 493, 2014 WL 1226750, 2014 Fla. App. LEXIS 4395
District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60239657
Cited 6 times | Published
out-of-state jail credit was not cognizable in a rule 3.800(a) motion but should have been raised in a timely
Category: Criminal Procedure
123 So. 3d 701, 2013 WL 5777830, 2013 Fla. App. LEXIS 17152
District Court of Appeal of Florida | Filed: Oct 28, 2013 | Docket: 60235176
Cited 6 times | Published
counsel was ineffective in failing to file a rule 3.800(b)(2) motion to correct sentencing error when
Category: Criminal Procedure
112 So. 3d 574, 2013 WL 1441818, 2013 Fla. App. LEXIS 5703
District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231166
Cited 6 times | Published
error that can be preserved via the filing of a rule 3.800(b) motion. Brown v. State, 61 So.3d 1238, 1238
Category: Criminal Procedure
93 So. 3d 473, 2012 WL 2946509, 2012 Fla. App. LEXIS 11741
District Court of Appeal of Florida | Filed: Jul 20, 2012 | Docket: 60310610
Cited 6 times | Published
filing a motion to reduce or modify sentence under rule 3.800(c). The motion alleged various grounds for a
Category: Criminal Procedure
78 So. 3d 72, 2012 Fla. App. LEXIS 507, 2012 WL 126413
District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 2358621
Cited 6 times | Published
within sixty days, it is considered denied. Fla. R.Crim. P. 3.800(b)(1)(B).
Category: Criminal Procedure
46 So. 3d 186, 2010 Fla. App. LEXIS 16338, 2010 WL 4260953
District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2395889
Cited 6 times | Published
extending its own jurisdiction to rule on the pending rule 3.800(b)(2) motion until January 8, 2010. This extension
Category: Criminal Procedure
40 So. 3d 60, 2010 Fla. App. LEXIS 9761, 2010 WL 2634430
District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1667128
Cited 6 times | Published
motion to correct sentencing error pursuant to rule 3.800(b)(2), but the trial court did not rule on this
Category: Criminal Procedure
37 So. 3d 230, 35 Fla. L. Weekly Supp. 263, 2010 Fla. LEXIS 799, 2010 WL 1994636
Supreme Court of Florida | Filed: May 20, 2010 | Docket: 1668894
Cited 6 times | Published
filed within the sixty-day period provided in rule 3.800(c), but the trial court does not rule on the
Category: Criminal Procedure
28 So. 3d 948, 2010 Fla. App. LEXIS 1805, 2010 WL 565669
District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1167500
Cited 6 times | Published
motion; therefore, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B).
On appeal, Mendez asserts
Category: Criminal Procedure
27 So. 3d 111, 2009 Fla. App. LEXIS 20512, 2009 WL 5151520
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1665193
Cited 6 times | Published
been laid off from work; however, during the rule 3.800(b) motion hearing, he testified he forgot to
Category: Criminal Procedure
23 So. 3d 190, 2009 WL 3645187
District Court of Appeal of Florida | Filed: Nov 5, 2009 | Docket: 2503491
Cited 6 times | Published
error "may be filed by appellate counsel." Fla. R.Crim. P. 3.800(b)(2). Similarly, as to motions for correction
Category: Criminal Procedure
9 So. 3d 25, 2009 Fla. App. LEXIS 1917, 2009 WL 529572
District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1237496
Cited 6 times | Published
prison.
Following his sentence, Mauldin filed a Rule 3.800(a) motion arguing that the multiple convictions
Category: Criminal Procedure
999 So. 2d 665, 2008 WL 5100312
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1514951
Cited 6 times | Published
court pursuant to the grant of the defendant's rule 3.800 motion to correct illegal sentence.[1] The State
Category: Criminal Procedure
999 So. 2d 665, 2008 WL 5100312
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1514951
Cited 6 times | Published
court pursuant to the grant of the defendant's rule 3.800 motion to correct illegal sentence.[1] The State
Category: Criminal Procedure
971 So. 2d 228, 2008 WL 34822
District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1731924
Cited 6 times | Published
contention that he preserved the issue by filing a rule 3.800(b)(2) motion to correct sentencing error. In
Category: Criminal Procedure
971 So. 2d 957, 2007 WL 4545884
District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1446938
Cited 6 times | Published
filed a motion to correct sentence pursuant to rule 3.800(b)(2).[1] In his motion, Mr. Bradley argued that
Category: Criminal Procedure
971 So. 2d 957, 2007 WL 4545884
District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1446938
Cited 6 times | Published
filed a motion to correct sentence pursuant to rule 3.800(b)(2).[1] In his motion, Mr. Bradley argued that
Category: Criminal Procedure
949 So. 2d 373, 2007 WL 674713
District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1720052
Cited 6 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
949 So. 2d 307, 2007 WL 489465
District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 2585227
Cited 6 times | Published
as untimely.
A Hale claim is cognizable in a rule 3.800(a) motion if the motion is facially sufficient
Category: Criminal Procedure
946 So. 2d 1129, 2006 WL 3687106
District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 1771848
Cited 6 times | Published
motion to correct sentencing error. See Fla. R.App. P. 3.800(b)(2). The trial court summarily denied
Category: Criminal Procedure
944 So. 2d 474, 2006 WL 3422148
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1155077
Cited 6 times | Published
well as SN1, CSTF, AC and CFF fees.[1] Johnson's Rule 3.800(b)(2) motion, which sought to vacate the public
Category: Criminal Procedure
932 So. 2d 594, 2006 WL 1788209
District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1684646
Cited 6 times | Published
the trial court's order summarily denying his rule 3.800(a) motion to correct sentence.[1] In the motion
Category: Criminal Procedure
931 So. 2d 209, 2006 WL 1559742
District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 1522241
Cited 6 times | Published
entered by the trial court denying his latest rule 3.800(a) motion to correct illegal sentence.[1] We
Category: Criminal Procedure
931 So. 2d 1002, 2006 WL 1541241
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1522230
Cited 6 times | Published
pursuant to Florida Rule of Criminal Procedure Rule 3.800(c). The trial court denied this motion on December
Category: Criminal Procedure
931 So. 2d 1002, 2006 WL 1541241
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1522230
Cited 6 times | Published
pursuant to Florida Rule of Criminal Procedure Rule 3.800(c). The trial court denied this motion on December
Category: Criminal Procedure
926 So. 2d 1241, 31 Fla. L. Weekly Fed. S 194
Supreme Court of Florida | Filed: Mar 23, 2006 | Docket: 1515345
Cited 6 times | Published
their face an entitlement to ... relief." Fla. R.Crim. P. 3.800(a). This rule does not contemplate the necessity
Category: Criminal Procedure
926 So. 2d 1241, 31 Fla. L. Weekly Fed. S 194
Supreme Court of Florida | Filed: Mar 23, 2006 | Docket: 1515345
Cited 6 times | Published
their face an entitlement to ... relief." Fla. R.Crim. P. 3.800(a). This rule does not contemplate the necessity
Category: Criminal Procedure
912 So. 2d 389, 2005 WL 2656125
District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1755588
Cited 6 times | Published
treated the motion as being filed pursuant to rule 3.800(c).[1] The circuit court denied Seward's motion
Category: Criminal Procedure
905 So. 2d 1045, 2005 WL 1648779
District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1307876
Cited 6 times | Published
Florida Rule of Criminal Procedure 3.800(b)(2). Rule 3.800(b)(2) requires that such a motion be "served
Category: Criminal Procedure
899 So. 2d 1208, 2005 WL 856956
District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1353754
Cited 6 times | Published
which this court, sua sponte, considered under rule 3.800(a) because of the facial illegality of the sentence
Category: Criminal Procedure
891 So. 2d 618, 2005 WL 156769
District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 2582696
Cited 6 times | Published
sentencing claims which had been brought under Rule 3.800(a), but both are distinguishable.
In Ortiz v
Category: Criminal Procedure
884 So. 2d 373, 2004 WL 2008501
District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1682990
Cited 6 times | Published
sentence is illegal and subject to correction under rule 3.800(a). See Carter v. State, 786 So.2d 1173, 1180
Category: Criminal Procedure
870 So. 2d 140, 2004 WL 32387
District Court of Appeal of Florida | Filed: Jan 7, 2004 | Docket: 1330555
Cited 6 times | Published
motion to correct illegal sentence pursuant to rule 3.800(a) on the ground that he had been sentenced pursuant
Category: Criminal Procedure
845 So. 2d 238, 2003 WL 1872310
District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 1728821
Cited 6 times | Published
conviction upon resentencing pursuant to Criminal Rule 3.800(b). We affirm.
Three charges against appellant
Category: Criminal Procedure
840 So. 2d 1160, 2003 WL 1566593
District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1748338
Cited 6 times | Published
2002).
On September 30, 2002, Timmer filed a rule 3.800(c) motion to reduce and modify his sentence.[1]
Category: Criminal Procedure
825 So. 2d 507, 2002 WL 2030729
District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 893719
Cited 6 times | Published
the trial court's order summarily denying his rule 3.800 motion for jail credit. The appellant has made
Category: Criminal Procedure
803 So. 2d 846, 2001 WL 1661630
District Court of Appeal of Florida | Filed: Dec 31, 2001 | Docket: 346091
Cited 6 times | Published
direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Accordingly, we treat the Petitioner's
Category: Criminal Procedure
791 So. 2d 40, 2001 WL 584433
District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 1655803
Cited 6 times | Published
State, 779 So.2d 417 (Fla. 2d DCA 2000).
In this rule 3.800 motion, Rowan argues for the first time that
Category: Criminal Procedure
773 So. 2d 92, 2000 WL 1545021
District Court of Appeal of Florida | Filed: Oct 20, 2000 | Docket: 61107
Cited 6 times | Published
of 2000, after the effective date of amended rule 3.800(b). See Maddox v. State, 760 So.2d 89 (Fla.2000);
Category: Criminal Procedure
765 So. 2d 242, 2000 WL 1089149
District Court of Appeal of Florida | Filed: Aug 7, 2000 | Docket: 1522903
Cited 6 times | Published
in a sentencing guideline scoresheet." Fla. R.Crim. P. 3.800(a); see Orosco v. State, 730 So.2d 815 (Fla
Category: Criminal Procedure
757 So. 2d 532, 2000 WL 294765
District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1331664
Cited 6 times | Published
adjudication was withheld. Thereafter, the State filed a rule 3.800 motion to correct illegal sentence, arguing that
Category: Criminal Procedure
632 So. 2d 685, 1994 WL 58049
District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 1514055
Cited 6 times | Published
Ordinarily such motions are governed by Fla.R.Crim.P. 3.800(a), the scope of which is relatively narrow
Category: Criminal Procedure
609 So. 2d 112, 1992 WL 341953
District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1473480
Cited 6 times | Published
572 So.2d 22 (Fla. 4th DCA 1990). See also Fla.R.Crim.P. 3.800(b) (revision of a legal sentence allowed
Category: Criminal Procedure
511 So. 2d 375, 12 Fla. L. Weekly 1751
District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1338971
Cited 6 times | Published
scoresheet errors at any time by amending Fla.R.Crim.P. 3.800(a), the State distinguishes those holdings
Category: Criminal Procedure
359 So. 2d 493
District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 905176
Cited 6 times | Published
correct an illegal sentence pursuant to Fla.R.Crim.P. 3.800, the sentence of twenty years was set aside
Category: Criminal Procedure
137 So. 3d 505, 2014 WL 1258535, 2014 Fla. App. LEXIS 4637
District Court of Appeal of Florida | Filed: Mar 28, 2014 | Docket: 60240338
Cited 5 times | Published
post-trial motion to reduce his sentence. See Fla. R. Crim. P. 3.800(c). We thereafter affirmed his convictions
Category: Criminal Procedure
128 So. 3d 167, 2013 WL 5988954, 2013 Fla. App. LEXIS 18019
District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60237002
Cited 5 times | Published
illegal sentence and also sought relief under rule 3.800(a). Because appellant is not entitled to relief
Category: Criminal Procedure
112 So. 3d 578, 2013 WL 1442204, 2013 Fla. App. LEXIS 5697
District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231168
Cited 5 times | Published
orally imposed, may not be challenged through a rule 3.800(a) motion. We hold a failure to orally pronounce
Category: Criminal Procedure
84 So. 3d 1158, 2012 WL 1058893, 2012 Fla. App. LEXIS 5006
District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60306610
Cited 5 times | Published
that Figueroa’s claim is not cognizable in a rule 3.800(a) motion because he is challenging the underlying
Category: Criminal Procedure
81 So. 3d 595, 2012 Fla. App. LEXIS 3454, 2012 WL 694757
District Court of Appeal of Florida | Filed: Mar 6, 2012 | Docket: 2414239
Cited 5 times | Published
appealed an order ruling on the same underlying rule 3.800(a) motion. In Jordan v. State, 32 So.3d 727 (Fla
Category: Criminal Procedure
79 So. 3d 177, 2012 WL 385591, 2012 Fla. App. LEXIS 1588
District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 1418905
Cited 5 times | Published
benefits without objection, the defendant filed a rule 3.800(a) motion for postconviction relief seeking to
Category: Criminal Procedure
83 So. 3d 883, 2012 WL 162122, 2012 Fla. App. LEXIS 677
District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 1553499
Cited 5 times | Published
timely post-sentencing proceeding pursuant to Rule 3.800); see also Williams v. State, 56 So.3d 899 (Fla
Category: Criminal Procedure
76 So. 3d 1103, 2011 Fla. App. LEXIS 20893, 2011 WL 6843010
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 89054
Cited 5 times | Published
to life in prison.
Frison then filed a pro se rule 3.800 motion to correct illegal sentence seeking resentencing
Category: Criminal Procedure
71 So. 3d 776, 36 Fla. L. Weekly Supp. 290, 2011 Fla. LEXIS 1422, 2011 WL 2472994
Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 2353362
Cited 5 times | Published
not “sentencing errors that are cognizable in [rule 3.800(b) ] motions.” Id. at 36. The Second District
Category: Criminal Procedure
48 So. 3d 798, 35 Fla. L. Weekly Supp. 658, 2010 Fla. LEXIS 1936, 2010 WL 4483514
Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 60296624
Cited 5 times | Published
probation may be raised for the first time in a rule 3.800(b)(2) motion during the appeal from revocation
Category: Criminal Procedure
35 So. 3d 54, 2010 Fla. App. LEXIS 5972, 2010 WL 1726185
District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1646417
Cited 5 times | Published
timely post-sentencing proceeding pursuant to rule 3.800. See generally Maddox v. State, 760 So.2d 89
Category: Criminal Procedure
27 So. 3d 186, 2010 Fla. App. LEXIS 970, 2010 WL 391306
District Court of Appeal of Florida | Filed: Feb 5, 2010 | Docket: 1664513
Cited 5 times | Published
So.2d at 1267.
As in all motions filed under rule 3.800(a), the movant bears the burden to demonstrate
Category: Criminal Procedure
24 So. 3d 1275, 2009 Fla. App. LEXIS 20534, 2009 WL 5150307
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648833
Cited 5 times | Published
based on the fact that he successfully filed a rule 3.800(a) motion,[3] which resulted in a recalculation
Category: Criminal Procedure
24 So. 3d 735, 2009 Fla. App. LEXIS 20049, 2009 WL 4928010
District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1648497
Cited 5 times | Published
Motion to Correct Jail Time pursuant to Fla. R.Crim. P. 3.800(a). Because the record supports the trial
Category: Criminal Procedure
6 So. 3d 630, 2009 Fla. App. LEXIS 767, 2009 WL 261476
District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 2551650
Cited 5 times | Published
because a sentence was corrected pursuant to a rule 3.800(a) motion."); see also Pierce v. State, 875 So
Category: Criminal Procedure
994 So. 2d 480, 2008 WL 4809898
District Court of Appeal of Florida | Filed: Nov 6, 2008 | Docket: 1218776
Cited 5 times | Published
correct *481 sentencing error, filed pursuant to Rule 3.800(b), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
993 So. 2d 1158, 2008 WL 4791053
District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 1384760
Cited 5 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, seeking
Category: Criminal Procedure
997 So. 2d 423, 2008 WL 4601214
District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 2568991
Cited 5 times | Published
before credit for time served may be granted under rule 3.800(a). If the trial court records demonstrate an
Category: Criminal Procedure
983 So. 2d 1196, 2008 WL 1914634
District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1756468
Cited 5 times | Published
After commencing this appeal, Bodie filed a rule 3.800(b) motion again contending that the State had
Category: Criminal Procedure
977 So. 2d 801, 2008 WL 901452
District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 2571563
Cited 5 times | Published
motion to correct sentencing error pursuant to rule 3.800(b). Accordingly, we reverse and remand for correction
Category: Criminal Procedure
979 So. 2d 1004, 2008 WL 440825
District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1407915
Cited 5 times | Published
conclude that such a claim is not cognizable under rule 3.800(a).
The defendant was charged with multiple offenses
Category: Criminal Procedure
970 So. 2d 445, 2007 WL 4245410
District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1324699
Cited 5 times | Published
or Set Aside or Correct Sentence pursuant to rule 3.800. Migdal alleged that he was sentenced to five
Category: Criminal Procedure
968 So. 2d 628, 2007 WL 3120426
District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1497660
Cited 5 times | Published
modification" within the sixty-day period of rule 3.800(c). Brock v. State, 604 So.2d 32, 33 (Fla. 2d
Category: Criminal Procedure
963 So. 2d 348, 2007 WL 2376718
District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 2580085
Cited 5 times | Published
recommend removing the language from orders denying rule 3.800(c) motions which states that the defendant may
Category: Criminal Procedure
979 So. 2d 262, 2007 WL 2275185
District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1714070
Cited 5 times | Published
affirm the postconviction court's denial of the rule 3.800(a) motion without comment. We write only to explain
Category: Criminal Procedure
961 So. 2d 1099, 2007 WL 2188265
District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 468676
Cited 5 times | Published
within the time limit provided for in rule 3.800(c).
Rule 3.800(c) reads in pertinent part:
Reduction
Category: Criminal Procedure
932 So. 2d 1202, 2006 WL 1816427
District Court of Appeal of Florida | Filed: Jul 5, 2006 | Docket: 1285745
Cited 5 times | Published
its place.
Cunningham appeals the denial of his rule 3.800(a) motion to correct illegal sentence. Therein
Category: Criminal Procedure
932 So. 2d 1202, 2006 WL 1816427
District Court of Appeal of Florida | Filed: Jul 5, 2006 | Docket: 1285745
Cited 5 times | Published
its place.
Cunningham appeals the denial of his rule 3.800(a) motion to correct illegal sentence. Therein
Category: Criminal Procedure
932 So. 2d 465, 2006 WL 1525878
District Court of Appeal of Florida | Filed: Jun 6, 2006 | Docket: 1684676
Cited 5 times | Published
precluded from raising identical issues in successive rule 3.800 motions that were previously denied on the merits
Category: Criminal Procedure
933 So. 2d 26, 2006 WL 1154763
District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 1712217
Cited 5 times | Published
ineffective assistance when he failed to file a rule 3.800(b)(2) motion to correct the sentence on the attempted
Category: Criminal Procedure
932 So. 2d 311, 2006 WL 147394
District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1367096
Cited 5 times | Published
Therefore, this claim may not be raised by a rule 3.800(a) motion. See Clifton v. State, 905 So.2d 1042
Category: Criminal Procedure
915 So. 2d 1270, 2005 WL 3478931
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1294128
Cited 5 times | Published
his motion to correct illegal sentence. Fla. R.Crim. P. 3.800(a). Wencel was sentenced as a prison releasee
Category: Criminal Procedure
913 So. 2d 1277, 2005 WL 3077225
District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1331560
Cited 5 times | Published
or "would have" for purposes of a motion under rule 3.800(a) has not been resolved by the supreme court
Category: Criminal Procedure
913 So. 2d 1277, 2005 WL 3077225
District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1331560
Cited 5 times | Published
or "would have" for purposes of a motion under rule 3.800(a) has not been resolved by the supreme court
Category: Criminal Procedure
913 So. 2d 758, 2005 WL 2990687
District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1698384
Cited 5 times | Published
filed with the trial court a motion pursuant to rule 3.800(a) to rescind jail time credit that it believed
Category: Criminal Procedure
911 So. 2d 234, 2005 WL 2372726
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751863
Cited 5 times | Published
never given the opportunity to do so.
Second, rule 3.800(b) does not permit the State to file a motion
Category: Criminal Procedure
901 So. 2d 255, 2005 WL 957067
District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1216650
Cited 5 times | Published
required for consideration of a Rule 3.800(b)(2) motion. Fla. R.Crim. P. 3.800(b)(1)(B), (b)(2)(B).
Turning
Category: Criminal Procedure
881 So. 2d 671, 2004 WL 1905667
District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1748726
Cited 5 times | Published
a notice with this court of the filing of his Rule 3.800(b)(2) motion in the trial court. On 24 May 2002
Category: Criminal Procedure
879 So. 2d 651, 2004 WL 1485848
District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 463727
Cited 5 times | Published
at the sentencing hearing and did not file a rule 3.800(b) motion, lack of jurisdiction may not be cured
Category: Criminal Procedure
875 So. 2d 735, 2004 WL 1284211
District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 1684030
Cited 5 times | Published
incorrect.
Harris raised a Hale claim in a prior rule 3.800(a) motion. See Harris v. State, 845 So.2d 250
Category: Criminal Procedure
867 So. 2d 603, 2004 WL 402179
District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 817971
Cited 5 times | Published
preparation of the written document. See Fla. R. Crim. P. 3.800 court commentary. Accordingly, we remand
Category: Criminal Procedure
856 So. 2d 1105, 2003 WL 22399538
District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1298028
Cited 5 times | Published
because no fine was imposed.
In his motion under Rule 3.800(b), Florida Rules of Criminal Procedure,[1] appellant
Category: Criminal Procedure
852 So. 2d 428, 2003 WL 21990528
District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1309649
Cited 5 times | Published
Tyson's motion on its merits. The merit of a rule 3.800(a) motion to correct a sentence can, however
Category: Criminal Procedure
854 So. 2d 215, 2003 WL 21683482
District Court of Appeal of Florida | Filed: Jul 21, 2003 | Docket: 1294250
Cited 5 times | Published
2001, Appellee filed a motion pursuant to Fla. R.Crim. P. 3.800(a), arguing: (i) his sentence violated double
Category: Criminal Procedure
849 So. 2d 409, 2003 WL 21507312
District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 2504075
Cited 5 times | Published
("Appellant") seeks review of an order denying his Rule 3.800(a) Motion to Correct Illegal Sentence wherein
Category: Criminal Procedure
827 So. 2d 1052, 2002 WL 31267569
District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1726489
Cited 5 times | Published
trial or in posttrial proceedings pursuant to rule 3.800. Maddox v. State, 760 So.2d 89 (Fla.2000); Geri
Category: Criminal Procedure
824 So. 2d 308, 2002 WL 1926543
District Court of Appeal of Florida | Filed: Aug 22, 2002 | Docket: 125385
Cited 5 times | Published
make any modification within 60 days. See Fla. R.Crim. P. 3.800(c). The same logic would apply to the present
Category: Criminal Procedure
821 So. 2d 385, 2002 WL 1466261
District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1236526
Cited 5 times | Published
motion to correct an illegal sentence pursuant to rule 3.800(a), arguing that his sentence was illegal pursuant
Category: Criminal Procedure
797 So. 2d 605, 2001 WL 1093069
District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1359377
Cited 5 times | Published
trial or in posttrial proceedings pursuant to rule 3.800. Maddox v. State, 760 So.2d 89 (Fla.2000); Harvey
Category: Criminal Procedure
791 So. 2d 525, 2001 WL 844500
District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1655723
Cited 5 times | Published
filed a timely motion in the trial court under rule 3.800(b) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
789 So. 2d 1213, 2001 WL 815906
District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1696121
Cited 5 times | Published
from the filing of the motions, as required by rule 3.800(b)(1)(B), and under that applicable version of
Category: Criminal Procedure
788 So. 2d 1121, 2001 WL 753865
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1685258
Cited 5 times | Published
this type of claim cannot be adjudicated under rule 3.800. The defendant in such cases should seek relief
Category: Criminal Procedure
763 So. 2d 539, 2000 WL 1022328
District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 439127
Cited 5 times | Published
motion to stay our mandate, appellant filed a rule 3.800(a) Motion to Correct Illegal Sentence. The trial
Category: Criminal Procedure
726 So. 2d 793, 1999 WL 2678
District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1307522
Cited 5 times | Published
a sentence and thus is not correctable under rule 3.800, but certified the following question to us as
Category: Criminal Procedure
719 So. 2d 1249, 1998 WL 729526
District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1351717
Cited 5 times | Published
statutory costs. No motion was filed pursuant to rule 3.800(b), Florida Rules of Criminal Procedure, questioning
Category: Criminal Procedure
715 So. 2d 302, 1998 WL 396728
District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1366087
Cited 5 times | Published
case no. 95-799.
Thereafter, defendant filed a rule 3.800 motion to modify or mitigate his sentences in
Category: Criminal Procedure
701 So. 2d 359, 1997 WL 574601
District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 1736750
Cited 5 times | Published
revisions to chapter 924[1] and an amendment to Fla. R.Crim. P. 3.800[2] took effect. So far as we have been able
Category: Criminal Procedure
685 So. 2d 912, 1996 WL 714007
District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 1415424
Cited 5 times | Published
credit, by a successive Rule 3.800 motion. While it may be correct that Rule 3.800 does not prohibit successive
Category: Criminal Procedure
671 So. 2d 820, 1996 WL 159133
District Court of Appeal of Florida | Filed: Apr 8, 1996 | Docket: 813910
Cited 5 times | Published
Judge.
This is a timely appeal of a denial of a rule 3.800(a) motion to correct an illegal sentence. Appellant
Category: Criminal Procedure
619 So. 2d 378, 1993 WL 179458
District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 2590023
Cited 5 times | Published
illegal sentence may be filed at any time. Fla. R.Crim.P. 3.800(a). Though Young used the model form for
Category: Criminal Procedure
614 So. 2d 600, 1993 WL 39584
District Court of Appeal of Florida | Filed: Feb 18, 1993 | Docket: 449243
Cited 5 times | Published
for modification of a legal sentence. See Fla. R.Crim.P. 3.800(b). We agree, and reverse and remand with
Category: Criminal Procedure
595 So. 2d 1049, 1992 WL 43279
District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 1299131
Cited 5 times | Published
five months after it imposed sentence. See Fla.R.Crim.P. 3.800(b) (a trial court may modify a legal sentence
Category: Criminal Procedure
590 So. 2d 1068, 1991 WL 268560
District Court of Appeal of Florida | Filed: Dec 19, 1991 | Docket: 2547701
Cited 5 times | Published
denied, 531 So.2d 168 (Fla. 1988). See also Fla.R.Crim.P. 3.800(a) (a court may at any time correct an incorrect
Category: Criminal Procedure
556 So. 2d 501, 1990 WL 7643
District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 2574724
Cited 5 times | Published
to correct illegal sentence pursuant to Fla. R.Crim.P. 3.800 and 3.850 which the trial court denied for
Category: Criminal Procedure
501 So. 2d 613, 11 Fla. L. Weekly 2316
District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 538624
Cited 5 times | Published
within the trial court's discretion. See Fla.R. Crim.P. 3.800(b).
III
For the above-stated reasons, the
Category: Criminal Procedure
501 So. 2d 613, 11 Fla. L. Weekly 2316
District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 538624
Cited 5 times | Published
within the trial court's discretion. See Fla.R. Crim.P. 3.800(b).
III
For the above-stated reasons, the
Category: Criminal Procedure
267 So. 3d 1084
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710111
Cited 4 times | Published
1st DCA 2014) (table).
Hester later filed a rule 3.800(a) motion, contending that consecutive minimum-mandatory
Category: Criminal Procedure
271 So. 3d 76
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64713525
Cited 4 times | Published
the conviction and the sentence. A motion under rule 3.800(a) is not available where, as here, the defendant
Category: Criminal Procedure
174 So. 3d 1092, 2015 WL 5438665
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 60294089
Cited 4 times | Published
800(b) motion to raise this issue on appeal. A Rule 3.800(b)(2) motion to correct sentence subsequent to
Category: Criminal Procedure
162 So. 3d 29, 2014 Fla. App. LEXIS 7642, 2014 WL 2100805
District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60247470
Cited 4 times | Published
with approval).
The habeas corpus petition and rule 3.800(a) motion filed below raised numerous claims
Category: Criminal Procedure
106 So. 3d 487, 2013 WL 85446, 2013 Fla. App. LEXIS 322
District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60228217
Cited 4 times | Published
before sentencing. This claim is not proper for a rule 3.800(a) motion. See Potter v. State, 769 So.2d 519
Category: Criminal Procedure
59 So. 3d 225, 2011 Fla. App. LEXIS 4000, 2011 WL 1086593
District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 2554325
Cited 4 times | Published
motion to correct sentencing error pursuant to rule 3.800(b)(2). In the motion, Pifer did not assert a
Category: Criminal Procedure
59 So. 3d 191, 2011 Fla. App. LEXIS 3199, 2011 WL 799735
District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60299625
Cited 4 times | Published
this issue is more appropriately raised via a rule 3.800 petition, the order on appeal concluded that
Category: Criminal Procedure
42 So. 3d 265, 2010 Fla. App. LEXIS 10458, 2010 WL 2787543
District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1148769
Cited 4 times | Published
Farrar's underlying convictions are cognizable in a rule 3.800(b)(2) motion. See Rodriguez v. State, 958 So
Category: Criminal Procedure
35 So. 3d 72, 2010 Fla. App. LEXIS 6283, 2010 WL 1816419
District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 2563269
Cited 4 times | Published
in case numbers 1D09-6237 (summary denial of a rule 3.800 motion) and 1D09-6238 (summary denial of a rule
Category: Criminal Procedure
30 So. 3d 707, 2010 Fla. App. LEXIS 3898, 2010 WL 1135970
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 134980
Cited 4 times | Published
jurisdiction to consider the motion. See *708 Fla. R.Crim. P. 3.800(c). The motion contained no explanation
Category: Criminal Procedure
29 So. 3d 1152, 2010 Fla. App. LEXIS 903, 2010 WL 366616
District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1643010
Cited 4 times | Published
reasons). This claim is not cognizable under rule 3.800(a). See Wright v. State, 911 So.2d 81, 83 (Fla
Category: Criminal Procedure
26 So. 3d 647, 2010 Fla. App. LEXIS 409, 2010 WL 199298
District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 2551784
Cited 4 times | Published
address Mr. Davis's claim as a motion pursuant to rule 3.800(a) and treated it as an untimely motion pursuant
Category: Criminal Procedure
24 So. 3d 781, 2009 Fla. App. LEXIS 20567, 2009 WL 5150303
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648858
Cited 4 times | Published
any reasons why he waited so long to file his rule 3.800(c) motion. Apparently unaware that it had the
Category: Criminal Procedure
17 So. 3d 1283, 2009 Fla. App. LEXIS 14714, 2009 WL 3151347
District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 985071
Cited 4 times | Published
authority is a `sentencing error' for purposes of rule 3.800(b)." (citing Maddox v. State, 760 So.2d 89, 109
Category: Criminal Procedure
13 So. 3d 1087, 2009 Fla. App. LEXIS 8591, 2009 WL 1874028
District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 2564417
Cited 4 times | Published
interpreted a sentence is not cognizable in a rule 3.800(a) motion. See Swinney v. State, 757 So.2d 1218
Category: Criminal Procedure
14 So. 3d 244, 2009 Fla. App. LEXIS 3969, 2009 WL 1162777
District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 1158528
Cited 4 times | Published
the motion as a claim of illegal sentence under rule 3.800(a) because it construed the claim as based on
Category: Criminal Procedure
994 So. 2d 1230, 2008 WL 4925032
District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 252831
Cited 4 times | Published
800(a), 3.850, and 3.800(c). An order denying a rule 3.800(c) motion on its merits is not appealable. Accordingly
Category: Criminal Procedure
992 So. 2d 877, 2008 WL 4601001
District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 1723365
Cited 4 times | Published
Willie Cheatum appeals from an order denying his rule 3.800(a)[1] motion seeking additional jail credit.
Category: Criminal Procedure
988 So. 2d 1242, 2008 WL 3877155
District Court of Appeal of Florida | Filed: Aug 22, 2008 | Docket: 1722263
Cited 4 times | Published
who sentenced Boyd, Boyd then filed a second rule 3.800(b)(2) motion, this time alleging that the resentencing
Category: Criminal Procedure
988 So. 2d 158, 2008 WL 2987150
District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1722285
Cited 4 times | Published
(Fla. 1st DCA 2007) (reversing summary denial of rule 3.800(a) motion); accord Anderson v. State, 941 So
Category: Criminal Procedure
983 So. 2d 706, 2008 WL 2309045
District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 455246
Cited 4 times | Published
filed pursuant to rule 3.850 or alternatively, rule 3.800(a), Florida Rules of Criminal Procedure. Brown
Category: Criminal Procedure
979 So. 2d 383, 2008 WL 1752230
District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 2532237
Cited 4 times | Published
sentence could not be raised by a motion pursuant to rule 3.800, but noted that we had previously considered
Category: Criminal Procedure
523 F.3d 1291, 2008 WL 926137
Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2008 | Docket: 399084
Cited 4 times | Published
tolling. See 28 U.S.C. § 2244(d)(1).
B. Rule 3.800(c) Motion under Florida Law
On January
Category: Criminal Procedure
973 So. 2d 1271, 2008 WL 398824
District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1687981
Cited 4 times | Published
within sixty days, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); Howard v. State, 920 So.2d 764
Category: Criminal Procedure
979 So. 2d 969, 2008 WL 239028
District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1407109
Cited 4 times | Published
resolve the correct application of jail credit on a rule 3.800(b)(2) motion. However, the court failed to rule
Category: Criminal Procedure
963 So. 2d 317, 2007 WL 2330666
District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 1328152
Cited 4 times | Published
motion filed by Jose Raul Valentin pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Of the
Category: Criminal Procedure
959 So. 2d 794, 2007 WL 1790751
District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1525714
Cited 4 times | Published
and thus the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B), (b)(2).
Initially, we question
Category: Criminal Procedure
958 So. 2d 1016, 2007 WL 1555074
District Court of Appeal of Florida | Filed: May 31, 2007 | Docket: 2544454
Cited 4 times | Published
direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Therefore, the trial court had jurisdiction
Category: Criminal Procedure
961 So. 2d 195, 2007 WL 1215217
Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 468688
Cited 4 times | Published
thirty days of the rendition of the orders denying rule 3.800(a) relief. Additionally, the court refused to
Category: Criminal Procedure
954 So. 2d 1254, 2007 WL 1201695
District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 338436
Cited 4 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rule of Criminal Procedure, in which
Category: Criminal Procedure
955 So. 2d 612, 2007 WL 1160458
District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1659263
Cited 4 times | Published
such a condition by filing a motion pursuant to rule 3.800(b). Under this rule
"a defendant has the opportunity
Category: Criminal Procedure
950 So. 2d 1255, 2007 WL 777442
District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1752115
Cited 4 times | Published
2d DCA 2005) (citing Haag and Thompson). Under rule 3.800(c), the court had sixty days, or until July 11
Category: Criminal Procedure
950 So. 2d 1267, 2007 WL 777533
District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 574272
Cited 4 times | Published
rendered within sixty days of the filing of his rule 3.800(b)(2) motion and was therefore a nullity. See
Category: Criminal Procedure
944 So. 2d 474, 2006 WL 3421802
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 2555659
Cited 4 times | Published
appearance required for appellee.
PER CURIAM.
Under rule 3.800(a), Appellant challenges the minimum mandatory
Category: Criminal Procedure
943 So. 2d 895, 2006 WL 3421810
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1783921
Cited 4 times | Published
(Fla.2004), also an appeal of an order denying rule 3.800(a) relief. There, as in this case, the trial
Category: Criminal Procedure
940 So. 2d 1277, 2006 WL 3207953
District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 432856
Cited 4 times | Published
apparent that this issue cannot be resolved in a rule 3.800(a) proceeding, because the issue requires consideration
Category: Criminal Procedure
939 So. 2d 173, 2006 WL 2827272
District Court of Appeal of Florida | Filed: Oct 5, 2006 | Docket: 1180651
Cited 4 times | Published
motion to correct a sentencing error pursuant to rule 3.800(b)(2), Florida Rules of Criminal Procedure (2005)
Category: Criminal Procedure
936 So. 2d 775, 2006 WL 2516506
District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1241197
Cited 4 times | Published
denying motions to mitigate brought pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, are
Category: Criminal Procedure
932 So. 2d 1221, 2006 WL 1864471
District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285546
Cited 4 times | Published
reverse.
"To be illegal within the meaning of rule 3.800(a)[,] the sentence must impose a kind of punishment
Category: Criminal Procedure
932 So. 2d 1221, 2006 WL 1864471
District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285546
Cited 4 times | Published
reverse.
"To be illegal within the meaning of rule 3.800(a)[,] the sentence must impose a kind of punishment
Category: Criminal Procedure
936 So. 2d 639, 2006 WL 1708324
District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1161501
Cited 4 times | Published
raised at any time in a motion filed pursuant to rule 3.800(a), the motion must affirmatively allege that
Category: Criminal Procedure
927 So. 2d 1035, 2006 WL 1234876
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1765218
Cited 4 times | Published
within the sixty-day period required. See Fla. R.Crim. P. 3.800(c). Hearing on the motion was delayed due
Category: Criminal Procedure
925 So. 2d 1168, 2006 WL 1084006
District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 1517027
Cited 4 times | Published
thus the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B). The state concedes that Jackson's
Category: Criminal Procedure
926 So. 2d 437, 2006 WL 890667
District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 2580519
Cited 4 times | Published
order denying in part and granting in part his rule 3.800(a) motion. His first claim is facially insufficient
Category: Criminal Procedure
922 So. 2d 1002, 2006 WL 191916
District Court of Appeal of Florida | Filed: Jan 27, 2006 | Docket: 1282511
Cited 4 times | Published
Criminal Procedure 3.800(b). "[U]nder [the revised] rule 3.800(b), a defendant has the opportunity to interpose
Category: Criminal Procedure
917 So. 2d 306, 2005 WL 3481388
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 688431
Cited 4 times | Published
motion within the time periods provided for in rule 3.800(c). Therefore, we deny the petition for writ
Category: Criminal Procedure
916 So. 2d 923, 2005 WL 3159607
District Court of Appeal of Florida | Filed: Nov 29, 2005 | Docket: 193639
Cited 4 times | Published
a habitual felony offender is cognizable in a rule 3.800 motion. See Fitzpatrick v. State, 863 So.2d 462
Category: Criminal Procedure
914 So. 2d 511, 2005 WL 3076658
District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 2572373
Cited 4 times | Published
explanation or supporting attachments.
When a rule 3.800(a) motion states a legally sufficient claim for
Category: Criminal Procedure
914 So. 2d 29, 2005 WL 2441311
District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1781425
Cited 4 times | Published
the mandate issuing October 1998. He filed a rule 3.800(a) motion to correct sentencing error in 2000
Category: Criminal Procedure
910 So. 2d 322, 30 Fla. L. Weekly Fed. D 2148
District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 370470
Cited 4 times | Published
(defendant) appeals the trial court's order denying his rule 3.800(a)[1] motion to correct an illegal sentence.
Category: Criminal Procedure
903 So. 2d 1068, 2005 WL 1521406
District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1258404
Cited 4 times | Published
regard for whether the claim is cognizable under rule 3.800(a).[1] However, this claim is an attack on the
Category: Criminal Procedure
901 So. 2d 994, 2005 WL 1116008
District Court of Appeal of Florida | Filed: May 12, 2005 | Docket: 1666313
Cited 4 times | Published
lower tribunal to allow him to file a pro se rule 3.800(b) motion regarding several scrivener's errors
Category: Criminal Procedure
901 So. 2d 939, 2005 WL 957928
District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 150275
Cited 4 times | Published
appellant filing, if appropriate, either: (1) a Rule 3.800(a) motion that alleges where in the record the
Category: Criminal Procedure
890 So. 2d 1292, 2005 WL 120435
District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 2579455
Cited 4 times | Published
considered the claim as one filed pursuant to rule 3.800(a) and denied the claim because Snell did not
Category: Criminal Procedure
891 So. 2d 1132, 2005 WL 53273
District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 2558404
Cited 4 times | Published
affirm the trial court's denial of appellant's rule 3.800(a) motion without prejudice to his filing a timely
Category: Criminal Procedure
882 So. 2d 472, 2004 WL 2070943
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1289626
Cited 4 times | Published
briefs were filed after the effective date of rule 3.800(b)(2)[[2]], the failure to preserve a fundamental
Category: Criminal Procedure
876 So. 2d 1227, 2004 WL 1256693
District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1671102
Cited 4 times | Published
sentencing or by a post-sentencing motion under rule 3.800(b). It is well settled that arguments raised
Category: Criminal Procedure
862 So. 2d 945, 2004 WL 57383
District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 937579
Cited 4 times | Published
appellant filed both a rule 3.850 motion and a rule 3.800 motion, both summarily denied by the lower court
Category: Criminal Procedure
864 So. 2d 1153, 2003 WL 23094771
District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1426415
Cited 4 times | Published
King, 835 So.2d at 1225, this court held that a rule 3.800(a) motion is a proper vehicle to challenge the
Category: Criminal Procedure
864 So. 2d 60, 2003 WL 22956891
District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1727572
Cited 4 times | Published
Mooney now appeals the trial court's denial of his Rule 3.800 motion to correct sentence based on a scoresheet
Category: Criminal Procedure
864 So. 2d 60, 2003 WL 22956891
District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1727572
Cited 4 times | Published
Mooney now appeals the trial court's denial of his Rule 3.800 motion to correct sentence based on a scoresheet
Category: Criminal Procedure
835 So. 2d 373, 28 Fla. L. Weekly Fed. D 366
District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 2561314
Cited 4 times | Published
the trial court's order summarily denying his rule 3.800 motion for jail credit. The appellant has made
Category: Criminal Procedure
832 So. 2d 840, 2002 WL 31526433
District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1700042
Cited 4 times | Published
again *841 failed to provide documentation at the rule 3.800(b) hearing.
The procedure employed by the State
Category: Criminal Procedure
825 So. 2d 513, 2002 WL 31016545
District Court of Appeal of Florida | Filed: Sep 11, 2002 | Docket: 1367521
Cited 4 times | Published
for appellee.
PER CURIAM.
Appellant filed a rule 3.800(a) motion challenging the trial court's retention
Category: Criminal Procedure
808 So. 2d 1288, 2002 WL 384978
District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1738563
Cited 4 times | Published
motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We reverse
Category: Criminal Procedure
813 So. 2d 132, 2002 WL 360584
District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 1725850
Cited 4 times | Published
PCA'd his appeal which followed.
He next filed a rule 3.800(a) or 3.850 motion, claiming his incarceration
Category: Criminal Procedure
799 So. 2d 343, 2001 WL 1295324
District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 150429
Cited 4 times | Published
the trial court's order summarily denying his Rule 3.800(a) motion. Martin alleges that he is entitled
Category: Criminal Procedure
789 So. 2d 1250, 2001 WL 864297
District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1696031
Cited 4 times | Published
the defendant appealed an order denying his rule 3.800 motion, and as in the present case, the state
Category: Criminal Procedure
791 So. 2d 522, 2001 WL 803739
District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1228605
Cited 4 times | Published
sentence at the trial court level, nor did he file a rule 3.800 motion to correct sentence, the Florida Supreme
Category: Criminal Procedure
785 So. 2d 638, 2001 WL 467543
District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 1510149
Cited 4 times | Published
by objection at sentencing or the filing of a Rule 3.800(b) motion. It cites Maddox v. State, 760 So.2d
Category: Criminal Procedure
781 So. 2d 449, 2001 WL 201971
District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1690579
Cited 4 times | Published
court erred in correcting *450 his sentence under rule 3.800(b)(2)(B) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
777 So. 2d 1091, 26 Fla. L. Weekly Fed. D 262
District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 462170
Cited 4 times | Published
finding that the claim was not cognizable in a rule 3.800(a) proceeding because the determination could
Category: Criminal Procedure
765 So. 2d 967, 2000 WL 1258331
District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 428596
Cited 4 times | Published
for a reduction of sentence filed under Fla. R.Crim. P. 3.800.
Id. (citations omitted). See Oser v. State
Category: Criminal Procedure
779 So. 2d 341, 2000 WL 61758
District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 420309
Cited 4 times | Published
to address the propriety of the accompanying rule 3.800(b) motion that Lee had filed in the trial court
Category: Criminal Procedure
763 So. 2d 1155, 2000 WL 36305
District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1681775
Cited 4 times | Published
Appellant appeals an order summarily denying his rule 3.800(a) motion to correct an illegal sentence. He
Category: Criminal Procedure
745 So. 2d 400, 1999 WL 960792
District Court of Appeal of Florida | Filed: Oct 22, 1999 | Docket: 1689254
Cited 4 times | Published
sentenced, well within the sixty day time period of Rule 3.800. Cf. C.B. v. State, 647 So.2d 964 (Fla. 2d DCA
Category: Criminal Procedure
734 So. 2d 1113, 1999 WL 280133
District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 292617
Cited 4 times | Published
render his sentence illegal for the purposes of rule 3.800 as defined by Davis v. State, 661 So.2d 1193
Category: Criminal Procedure
722 So. 2d 982, 1999 WL 5089
District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 2581584
Cited 4 times | Published
recent Rule 3.800(a) attack on Charles Michael Werts' sentence. This is the fifth Rule 3.800(a) motion
Category: Criminal Procedure
704 So. 2d 1068, 1997 WL 777380
District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1354190
Cited 4 times | Published
Appellant seeks review of the summary denial of his Rule 3.800(a) motion. In 1986, Appellant was tried and convicted
Category: Criminal Procedure
698 So. 2d 906, 1997 WL 537036
District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 434465
Cited 4 times | Published
as such alleged error is not cognizable on a rule 3.800(a) motion. "[S]coresheet errors that are not
Category: Criminal Procedure
691 So. 2d 65, 1997 WL 174351
District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 1727242
Cited 4 times | Published
sentence, we affirm the order. See Gaston; Fla.R.Crim.P. 3.800(b). Accordingly, we modify the order to reflect
Category: Criminal Procedure
691 So. 2d 65, 1997 WL 174351
District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 1727242
Cited 4 times | Published
sentence, we affirm the order. See Gaston; Fla.R.Crim.P. 3.800(b). Accordingly, we modify the order to reflect
Category: Criminal Procedure
690 So. 2d 754, 1997 WL 155130
District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 2566229
Cited 4 times | Published
pro se appeal of the summary denial of his five rule 3.800(a) motions.[1] In these motions, he challenged
Category: Criminal Procedure
629 So. 2d 280, 1993 WL 524095
District Court of Appeal of Florida | Filed: Dec 17, 1993 | Docket: 2565499
Cited 4 times | Published
entered more than sixty days after sentencing. Fla.R.Crim.P. 3.800(b). We agree with the defendant that the
Category: Criminal Procedure
569 So. 2d 1351, 1990 WL 175753
District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1190782
Cited 4 times | Published
an alleged illegal sentence pursuant to Fla.R.Crim.P. 3.800(a); he contended therein that the two consecutive
Category: Criminal Procedure
559 So. 2d 1265, 1990 WL 45518
District Court of Appeal of Florida | Filed: Apr 17, 1990 | Docket: 1751458
Cited 4 times | Published
reduce the original forty year sentence. See Fla.R.Crim.P. 3.800(b).
NOTES
[1] The defendant appealed the
Category: Criminal Procedure
530 So. 2d 384, 1988 WL 81962
District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 1678354
Cited 4 times | Published
entitlement to relief under the provision in rule 3.800(a) that the court "may at any time correct an
Category: Criminal Procedure
530 So. 2d 384, 1988 WL 81962
District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 1678354
Cited 4 times | Published
entitlement to relief under the provision in rule 3.800(a) that the court "may at any time correct an
Category: Criminal Procedure
366 So. 2d 1241
District Court of Appeal of Florida | Filed: Feb 6, 1979 | Docket: 1655441
Cited 4 times | Published
motion for reduction of sentence pursuant to Fla.R.Crim.P. 3.800.
We also considered Vann's final point on
Category: Criminal Procedure
229 So. 3d 383
District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171807
Cited 3 times | Published
order is an error that may be preserved in a Rule 3.800(b) motion. Jackson v. State, 983 So.2d 562, 572-74
Category: Criminal Procedure
219 So. 3d 960, 2017 WL 2350119, 2017 Fla. App. LEXIS 7852
District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60266987
Cited 3 times | Published
PER CURIAM.
Appellant has filed a rule 3.800(a) motion in which he argues that because he was a juvenile
Category: Criminal Procedure
211 So. 3d 1104, 2017 WL 651802, 2017 Fla. App. LEXIS 2161
District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4609716
Cited 3 times | Published
completion, the trial court cannot vacate it under rule 3.800(a) because the issue has become moot (citation
Category: Criminal Procedure
837 F.3d 1114, 2016 U.S. App. LEXIS 16757, 26 Fla. L. Weekly Fed. C 778
Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2016 | Docket: 4421459
Cited 3 times | Published
motion, in Florida state court, pursuant to Fla. R. Crim. P. 3.800, to correct an illegal sentence on the
Category: Criminal Procedure
192 So. 3d 534, 2016 WL 2348329
District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 60294149
Cited 3 times | Published
sentence illegal, and claim is not cognizable under rule 3.800(a)).
WARNER, MAY and CONNER, JJ., concur.
Category: Criminal Procedure
183 So. 3d 1102, 2015 Fla. App. LEXIS 8919, 2015 WL 3631627
District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60252924
Cited 3 times | Published
precedent pertaining to Rule 3.800(a) because Rule 3.801 superseded Rule 3.800(a) and has a different
Category: Criminal Procedure
152 So. 3d 849, 2014 Fla. App. LEXIS 20451, 2014 WL 7261284
District Court of Appeal of Florida | Filed: Dec 16, 2014 | Docket: 60245002
Cited 3 times | Published
after Appellant filed his rule 3.800(b)(2) motion. See Fla. R. Crim. P. 3.800(b)(1)(B); Ogden v. State
Category: Criminal Procedure
148 So. 3d 797, 2014 Fla. App. LEXIS 14699, 2014 WL 4656590
District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60243611
Cited 3 times | Published
motion to correct an illegal sentence. See Fla. R. Crim. P. 3.800(a). In 2009, Collier was convicted of armed
Category: Criminal Procedure
146 So. 3d 76, 2014 WL 4086561, 2014 Fla. App. LEXIS 12740
District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243013
Cited 3 times | Published
motion is deemed to have been denied. See Fla. R. Crim. P. 3.800(b)(2)(B). Each of these challenges is discussed
Category: Criminal Procedure
141 So. 3d 627, 2014 WL 2587722, 2014 Fla. App. LEXIS 8858
District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241975
Cited 3 times | Published
2008).
In this case, Defendant previously filed a rule 3.800(a) motion and a timely rule 3.850 motion. Although
Category: Criminal Procedure
141 So. 3d 229, 2014 WL 2472301, 2014 Fla. App. LEXIS 8385
District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60241826
Cited 3 times | Published
pendency of an appeal, as it was in this case, rule 3.800(b)(2) provides as follows:
*231Motion Pending
Category: Criminal Procedure
135 So. 3d 478, 2014 WL 1133312, 2014 Fla. App. LEXIS 4220
District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239652
Cited 3 times | Published
demonstrate that this error was not harmless. In a rule 3.800(a) proceeding, “the burden [is on] the [movant]
Category: Criminal Procedure
129 So. 3d 1166, 2014 WL 54789, 2014 Fla. App. LEXIS 177
District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237317
Cited 3 times | Published
partial sentencing transcript attached to Harris’ rule 3.800(a) motion reflects that Harris qualified as both
Category: Criminal Procedure
129 So. 3d 1104, 2013 WL 6331593, 2013 Fla. App. LEXIS 19436
District Court of Appeal of Florida | Filed: Dec 6, 2013 | Docket: 60237295
Cited 3 times | Published
determine whether this issue is cognizable on appeal.
Rule 3.800(b) allows the filing of a “motion to correct
Category: Criminal Procedure
111 So. 3d 280, 2013 WL 1629199, 2013 Fla. App. LEXIS 6074
District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230799
Cited 3 times | Published
due process and falls outside the scope of a rule 3.800 motion to correct sentencing error. The state
Category: Criminal Procedure
188 So. 3d 849, 2012 WL 3193932, 2012 Fla. App. LEXIS 13000
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60254353
Cited 3 times | Published
”2 Appellant explicitly raised the issue in a rule 3.800(b)(2) motion, which the trial court denied on
Category: Criminal Procedure
93 So. 3d 1132, 2012 Fla. App. LEXIS 12279, 2012 WL 3055004
District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60310450
Cited 3 times | Published
sufficient rule 3.800(a) claim. For the reasons discussed below, we affirm.
A rule 3.800(a) motion to
Category: Criminal Procedure
93 So. 3d 371, 2012 WL 2345119, 2012 Fla. App. LEXIS 9996
District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60310560
Cited 3 times | Published
sentence once it has been imposed. See Fla. R.Crim. P. 3.800(c) (limiting the power to modify a sentence
Category: Criminal Procedure
88 So. 3d 998, 2012 WL 1759376, 2012 Fla. App. LEXIS 7994
District Court of Appeal of Florida | Filed: May 18, 2012 | Docket: 60308473
Cited 3 times | Published
sentencing process, which cannot be raised in a rule 3.800(a) motion. See Hankins v. State, 42 So.3d 871
Category: Criminal Procedure
81 So. 3d 547, 2012 WL 469849, 2012 Fla. App. LEXIS 2271
District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 1934277
Cited 3 times | Published
Sentence vis-à-vis Apprendi and Blakely
In his rule 3.800(a) motion, Mr. Kleppinger does not name a particular
Category: Criminal Procedure
67 So. 3d 1184, 2011 Fla. App. LEXIS 13058, 2011 WL 3627692
District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60301950
Cited 3 times | Published
Because he made the same arguments in a previous rule 3.800(a) motion, the instant motion was denied as it
Category: Criminal Procedure
68 So. 3d 295, 2011 Fla. App. LEXIS 11752, 2011 WL 3108800
District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60302242
Cited 3 times | Published
him to life in prison.
The defendant filed a rule 3.800(b) motion asking the court to vacate his life
Category: Criminal Procedure
56 So. 3d 899, 2011 Fla. App. LEXIS 3573, 2011 WL 917522
District Court of Appeal of Florida | Filed: Mar 18, 2011 | Docket: 506966
Cited 3 times | Published
timely post-sentencing proceeding pursuant to rule 3.800).
AFFIRMED.
LAWSON, EVANDER and COHEN, JJ., concur
Category: Criminal Procedure
50 So. 3d 1227, 2011 Fla. App. LEXIS 3, 2011 WL 13696
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 1928588
Cited 3 times | Published
Thus, the court which reviewed the appellant's rule 3.800(a) motion should have corrected the judgment
Category: Criminal Procedure
50 So. 3d 785, 2010 Fla. App. LEXIS 19830, 2010 WL 5347068
District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 1229086
Cited 3 times | Published
this appeal of the denial of her Rule 3.800(a) motion. "A rule 3.800(a) motion cannot be used to challenge
Category: Criminal Procedure
50 So. 3d 727, 2010 Fla. App. LEXIS 19154, 2010 WL 5128131
District Court of Appeal of Florida | Filed: Dec 17, 2010 | Docket: 2399533
Cited 3 times | Published
of the motion and it is deemed denied. Fla. R.Crim. P. 3.800(b)(1)(B), (b)(2)(B).
[5] The mandate, not
Category: Criminal Procedure
44 So. 3d 229, 2010 Fla. App. LEXIS 14473, 2010 WL 3766886
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2401902
Cited 3 times | Published
because it was timely filed under the mailbox rule.
Rule 3.800(c) provides that where no direct appeal has been
Category: Criminal Procedure
45 So. 3d 911, 2010 Fla. App. LEXIS 14485, 2010 WL 3766877
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2396079
Cited 3 times | Published
based on his possession of a firearm.
In this rule 3.800(a) motion, appellant argued that the ten-year
Category: Criminal Procedure
45 So. 3d 14, 2010 Fla. App. LEXIS 10172, 2010 WL 2735650
District Court of Appeal of Florida | Filed: Jul 13, 2010 | Docket: 60296014
Cited 3 times | Published
“sentencing error” that could be raised in a rule 3.800(b)(2) motion, and even if it was properly raised
Category: Criminal Procedure
35 So. 3d 121, 2010 Fla. App. LEXIS 6934, 2010 WL 1979275
District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 2588174
Cited 3 times | Published
CURIAM.
The defendant appeals the denial of his Rule 3.800(a) motion, challenging the sufficiency of the
Category: Criminal Procedure
35 So. 3d 121, 2010 Fla. App. LEXIS 6945, 2010 WL 1979268
District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 460487
Cited 3 times | Published
required for appellee.
PER CURIAM.
Affirmed. A rule 3.800(a) motion cannot be used to challenge the factual
Category: Criminal Procedure
33 So. 3d 805, 2010 Fla. App. LEXIS 5532, 2010 WL 1641488
District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 1649374
Cited 3 times | Published
restitution. On May 19, 2009, appellant filed a rule 3.800(b)(2), Florida Rules of Criminal Procedure, motion
Category: Criminal Procedure
25 So. 3d 707, 2010 Fla. App. LEXIS 408, 2010 WL 199426
District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1193790
Cited 3 times | Published
out-of-state jail credit is not cognizable in a rule 3.800(a) motion but must be raised in a motion filed
Category: Criminal Procedure
23 So. 3d 1275, 2010 Fla. App. LEXIS 5, 2010 WL 21176
District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 60281980
Cited 3 times | Published
counsel was ineffective in failing to file a rule 3.800(b)(2) motion to correct sentencing error when
Category: Criminal Procedure
22 So. 3d 789, 2009 Fla. App. LEXIS 17292, 2009 WL 3873575
District Court of Appeal of Florida | Filed: Nov 20, 2009 | Docket: 452698
Cited 3 times | Published
raised at any time in a motion filed pursuant to rule 3.800(a). However, the motion must affirmatively allege
Category: Criminal Procedure
16 So. 3d 232, 2009 Fla. App. LEXIS 11570, 2009 WL 2514170
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1640821
Cited 3 times | Published
within sixty days, it is deemed denied. See Fla. R. Crim. P. 3.800(b)(1)(B).
[2] We are aware that under
Category: Criminal Procedure
12 So. 3d 287, 2009 Fla. App. LEXIS 7265, 2009 WL 1606485
District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 2584943
Cited 3 times | Published
that repetitive motions are not authorized under Rule 3.800 for claims that have been previously adjudicated
Category: Criminal Procedure
19 So. 3d 347, 2009 Fla. App. LEXIS 3851, 2009 WL 1139242
District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1651880
Cited 3 times | Published
to correct sentencing error, this time citing rule 3.800(b), pointing out the clear error of sentencing
Category: Criminal Procedure
10 So. 3d 197, 2009 Fla. App. LEXIS 3199, 2009 WL 996816
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1642513
Cited 3 times | Published
sentence.
On September 11, 2007, Mr. Purifoy filed a rule 3.800(a) motion raising three grounds. First, Mr. Purifoy
Category: Criminal Procedure
6 So. 3d 114, 2009 Fla. App. LEXIS 3202, 2009 WL 996839
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 2524786
Cited 3 times | Published
court of jurisdiction to rule on the pending rule 3.800(c) motion).
ALTENBERND, WHATLEY, and LaROSE,
Category: Criminal Procedure
7 So. 3d 586, 2009 Fla. App. LEXIS 1948, 2009 WL 605409
District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1225148
Cited 3 times | Published
PER CURIAM.
Paul Betty appeals the denial of a rule 3.800(a) motion to correct an illegal *587 sentence
Category: Criminal Procedure
6 So. 3d 77, 2009 Fla. App. LEXIS 1546, 2009 WL 489995
District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1666048
Cited 3 times | Published
postconviction court's dismissal of Mills' motion.
Mills' rule 3.800(a) motion asserts that he twice violated his
Category: Criminal Procedure
3 So. 3d 425, 2009 Fla. App. LEXIS 1266, 2009 WL 383628
District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1413558
Cited 3 times | Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
2 So. 3d 1083, 2009 Fla. App. LEXIS 1039, 2009 WL 321577
District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1643902
Cited 3 times | Published
one-half years later, the defendant filed the Rule 3.800(a) motion, arguing that the sentence was illegal
Category: Criminal Procedure
2 So. 3d 1083, 2009 Fla. App. LEXIS 1039, 2009 WL 321577
District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1643902
Cited 3 times | Published
one-half years later, the defendant filed the Rule 3.800(a) motion, arguing that the sentence was illegal
Category: Criminal Procedure
994 So. 2d 1233, 2008 WL 4922598
District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1219843
Cited 3 times | Published
sanctions...."
2. May 17, 2005: Mims files his second Rule 3.800 Motion to Correct Illegal Sentence. In this motion
Category: Criminal Procedure
992 So. 2d 300, 2008 WL 4330014
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1723830
Cited 3 times | Published
dismissed the appeal outright. Ruiz's latest rule 3.800(a) motion is a rehash of one filed with the trial
Category: Criminal Procedure
992 So. 2d 300, 2008 WL 4330014
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1723830
Cited 3 times | Published
dismissed the appeal outright. Ruiz's latest rule 3.800(a) motion is a rehash of one filed with the trial
Category: Criminal Procedure
988 So. 2d 665, 2008 WL 2811755
District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 2579698
Cited 3 times | Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
985 So. 2d 1167, 2008 WL 2511762
District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 2585192
Cited 3 times | Published
sentenced him to serve 364 days in jail.
In his Rule 3.800(a) motion, Troutman contends that he is entitled
Category: Criminal Procedure
985 So. 2d 63, 2008 WL 2468363
District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 1673539
Cited 3 times | Published
observe that this issue is not cognizable in a rule 3.800(a) motion. See Scott v. State, 962 So.2d 388
Category: Criminal Procedure
979 So. 2d 1253, 2008 WL 1883877
District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1407911
Cited 3 times | Published
of a trial court order denying as untimely her rule 3.800(c) motion for mitigation and/or reduction of
Category: Criminal Procedure
979 So. 2d 1253, 2008 WL 1883877
District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1407911
Cited 3 times | Published
of a trial court order denying as untimely her rule 3.800(c) motion for mitigation and/or reduction of
Category: Criminal Procedure
980 So. 2d 1204, 2008 WL 1884011
District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1386115
Cited 3 times | Published
Affirmed, without prejudice to appellant filing a Rule 3.800(a) motion which alleges where in the record (the
Category: Criminal Procedure
979 So. 2d 1089, 2008 WL 942537
District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1714479
Cited 3 times | Published
in a motion to correct illegal sentence. Fla. R.Crim. P. 3.800(a).
While we agree that a claim raised pursuant
Category: Criminal Procedure
978 So. 2d 825, 2008 WL 656671
District Court of Appeal of Florida | Filed: Mar 13, 2008 | Docket: 1508425
Cited 3 times | Published
original sentence was rendered in violation of rule 3.800(c), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
976 So. 2d 639, 2008 WL 612346
District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1679748
Cited 3 times | Published
motion to correct an illegal sentence pursuant to rule 3.800(a), arguing that his fifty-year terms of imprisonment
Category: Criminal Procedure
975 So. 2d 613, 2008 WL 582546
District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727458
Cited 3 times | Published
to his convictions and sentences, Lago filed a Rule 3.800 motion to correct illegal sentence in November
Category: Criminal Procedure
970 So. 2d 452, 32 Fla. L. Weekly Fed. D 2878
District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1323874
Cited 3 times | Published
Defendant appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence, contending
Category: Criminal Procedure
969 So. 2d 489, 2007 WL 3390933
District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1403818
Cited 3 times | Published
counts one and four remained unchanged.
In his rule 3.800(a) motion, Mr. Taylor attacks the imposition
Category: Criminal Procedure
959 So. 2d 1260, 2007 WL 1932114
District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 1525737
Cited 3 times | Published
Jon Barri Brothers appeals from an order on his Rule 3.800(a) motion which without explication granted him
Category: Criminal Procedure
957 So. 2d 97, 2007 WL 1427452
District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 2584900
Cited 3 times | Published
apparent errors during sentencing and limiting Fla. R.Crim. P. 3.800(b)(2) motions to "errors to which the defendant
Category: Criminal Procedure
958 So. 2d 471, 2007 WL 1373776
District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 2589218
Cited 3 times | Published
on the motion within sixty days as required by rule 3.800(b)(2), and therefore, the motion is deemed denied
Category: Criminal Procedure
955 So. 2d 51, 2007 WL 879016
District Court of Appeal of Florida | Filed: Mar 26, 2007 | Docket: 1659351
Cited 3 times | Published
"before the party's first brief is served." Fla. R.Crim. P. 3.800(b)(2) (2004). See, e.g., Gisi v. State,
Category: Criminal Procedure
951 So. 2d 87, 2007 WL 737527
District Court of Appeal of Florida | Filed: Mar 13, 2007 | Docket: 1280414
Cited 3 times | Published
motion to correct sentencing error pursuant to rule 3.800(b)(2), asserting that the condition of probation
Category: Criminal Procedure
951 So. 2d 38, 2007 WL 624960
District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 1682428
Cited 3 times | Published
responding to our invitation, Mr. Butler filed a rule 3.800(a) motion claiming that the trial court lacked
Category: Criminal Procedure
948 So. 2d 79, 2007 WL 120583
District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 717827
Cited 3 times | Published
a trial court order that untimely rules on a rule 3.800(b) motion is a nullity). However, the trial court
Category: Criminal Procedure
946 So. 2d 75, 2006 WL 3780397
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1771941
Cited 3 times | Published
of sex offender probation. Appellant filed a rule 3.800(a) motion alleging that his sentence was illegal
Category: Criminal Procedure
943 So. 2d 253, 2006 WL 3302516
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1526933
Cited 3 times | Published
this court treat his motion as filed pursuant to rule 3.800, if we determine that his motion is barred as
Category: Criminal Procedure
935 So. 2d 554, 2006 WL 1751822
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1671046
Cited 3 times | Published
structure. As this claim is not cognizable under rule 3.800(a), we conclude that the trial court properly
Category: Criminal Procedure
934 So. 2d 541, 2006 WL 1410120
District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 1461225
Cited 3 times | Published
address the motion as if it was either filed under Rule 3.800(a) or Rule 3.850.
First, "a claim of vindictive
Category: Criminal Procedure
920 So. 2d 1229, 2006 WL 398610
District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1730607
Cited 3 times | Published
also denied. On May 19, 2000, Thurston filed a rule 3.800 motion to correct illegal sentence which was
Category: Criminal Procedure
920 So. 2d 764, 2006 WL 305485
District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1201973
Cited 3 times | Published
within sixty days, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B); Lopez v. State, 905 So.2d 1045
Category: Criminal Procedure
918 So. 2d 1011, 2006 WL 167661
District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1715285
Cited 3 times | Published
sentencing error... for review by neglecting to file a rule 3.800(b)(2) motion in the trial court constitutes ineffective
Category: Criminal Procedure
919 So. 2d 576, 2006 WL 47502
District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 561460
Cited 3 times | Published
appealed.
On appeal from a summary denial of a Rule 3.800(a) motion, this court must reverse unless the
Category: Criminal Procedure
907 So. 2d 1288, 2005 WL 1875560
District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 2570999
Cited 3 times | Published
So.2d 999, 1000 (Fla. 2d DCA 2003). However, rule 3.800(a) prohibits the filing of such a motion during
Category: Criminal Procedure
906 So. 2d 331, 2005 WL 1553966
District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 2548649
Cited 3 times | Published
seeks certiorari review of an order denying his rule 3.800(c) motion to mitigate sentence. The trial court
Category: Criminal Procedure
915 So. 2d 183, 2005 WL 1981365
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1690680
Cited 3 times | Published
their face entitlement to that relief...." Fla. R.Crim. P. 3.800(a). Also, under State v. McBride, 848 So
Category: Criminal Procedure
898 So. 2d 1201, 2005 WL 782776
District Court of Appeal of Florida | Filed: Apr 8, 2005 | Docket: 285363
Cited 3 times | Published
the trial court's order summarily denying his rule 3.800(a) motion which sought the award of additional
Category: Criminal Procedure
897 So. 2d 495, 2005 WL 415962
District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 1735361
Cited 3 times | Published
of vindictive sentencing cannot be raised by a Rule 3.800(a) motion. "It is clear that a claim of error
Category: Criminal Procedure
894 So. 2d 1070, 2005 WL 357433
District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 140467
Cited 3 times | Published
failed to state a legally sufficient claim under rule 3.800(a).
Accordingly, affirmance is without prejudice
Category: Criminal Procedure
896 So. 2d 807, 2005 WL 293030
District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 291899
Cited 3 times | Published
by a motion to correct illegal sentence under Rule 3.800(a). Wright v. State, 891 So.2d 618 (Fla. 3d DCA
Category: Criminal Procedure
891 So. 2d 1067, 2004 WL 2633616
District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1213148
Cited 3 times | Published
prior to imposition of this sentence."
However, rule 3.800(a) prohibits the filing of such a motion during
Category: Criminal Procedure
886 So. 2d 280, 2004 WL 2532996
District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1721251
Cited 3 times | Published
days, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B); Fla. R.App. P. 9.140(f)(6)(A);
Category: Criminal Procedure
884 So. 2d 1086, 2004 WL 2347555
District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 2555047
Cited 3 times | Published
motion to correct an illegal sentence pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
884 So. 2d 254, 2004 WL 1810244
District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 2584999
Cited 3 times | Published
remand for further proceedings.
LaTulip filed a rule 3.800(a) motion in case number 2D03-4718 on June 2
Category: Criminal Procedure
879 So. 2d 660, 2004 WL 1752173
District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 463797
Cited 3 times | Published
(Fla. 5th DCA 2003).
When reviewing England's rule 3.800(a) motion, the trial court reached a contrary
Category: Criminal Procedure
879 So. 2d 71, 2004 WL 1697716
District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 2518875
Cited 3 times | Published
order entered by the trial court denying his rule 3.800(a) motion.[1] Concluding that the trial court
Category: Criminal Procedure
873 So. 2d 424, 2004 WL 840134
District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1451471
Cited 3 times | Published
sentencing and also failed to file a motion under Rule 3.800(b)(2), Florida Rules of Criminal Procedure.[1]
Category: Criminal Procedure
867 So. 2d 645, 2004 WL 575752
District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 1279331
Cited 3 times | Published
Senior Judge.
PER CURIAM.
The order denying Rule 3.800 relief seeking credit for time served is partially
Category: Criminal Procedure
867 So. 2d 590, 2004 WL 402013
District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 1722599
Cited 3 times | Published
pursuant to Rule 3.850, which was construed as a Rule 3.800(a) motion and denied. We again affirmed. See
Category: Criminal Procedure
867 So. 2d 538, 2004 WL 355970
District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1722428
Cited 3 times | Published
credit," which the circuit court treated as a Rule 3.800(a) motion to correct illegal sentence. Leiffer
Category: Criminal Procedure
864 So. 2d 562, 2004 WL 86187
District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2523375
Cited 3 times | Published
deny the claim, we affirm because the original rule 3.800(a) motion fails to allege "that the court records
Category: Criminal Procedure
866 So. 2d 1239, 2004 WL 103114
District Court of Appeal of Florida | Filed: Jan 16, 2004 | Docket: 215537
Cited 3 times | Published
["Staveley"], has appealed an order denying his rule 3.800(c) motion to mitigate sentence on the basis that
Category: Criminal Procedure
852 So. 2d 286, 2003 WL 21471892
District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 2562930
Cited 3 times | Published
Appellant appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence.[1] In
Category: Criminal Procedure
842 So. 2d 1057, 2003 WL 1917272
District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1440535
Cited 3 times | Published
filed motion for postconviction relief after rule 3.800(a) motion was granted, denying first three claims
Category: Criminal Procedure
841 So. 2d 685, 2003 WL 1855148
District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1233686
Cited 3 times | Published
364 days. Post-sentencing, the defendant sought rule 3.800 relief by filing with the trial court a letter
Category: Criminal Procedure
837 So. 2d 1146, 2003 WL 366586
District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 537657
Cited 3 times | Published
resentencing that stemmed from the granting of that rule 3.800(a) motion. These latter notices of appeal were
Category: Criminal Procedure
831 So. 2d 1246, 2002 WL 31777781
District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 2540064
Cited 3 times | Published
(defendant) appeals the summary denial of his rule 3.800(a) motion *1247 to correct an illegal sentence
Category: Criminal Procedure
821 So. 2d 1206, 2002 WL 1723378
District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1235757
Cited 3 times | Published
The trial court granted the motion.
Pursuant to Rule 3.800(b)(2)(C), the instant appellate record was supplemented
Category: Criminal Procedure
817 So. 2d 1016, 2002 WL 1072082
District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1430206
Cited 3 times | Published
left blank. Wiggins' claim is cognizable in a rule 3.800(a) motion, and he is entitled to credit against
Category: Criminal Procedure
814 So. 2d 1163, 2002 WL 553402
District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 1369097
Cited 3 times | Published
this Court, he filed a motion pursuant to Fla. R.Crim. P. 3.800(b)(2) addressing these same issues. The
Category: Criminal Procedure
805 So. 2d 1042, 2002 WL 21981
District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1669673
Cited 3 times | Published
the 1994 version of the guidelines. His prior rule 3.800(a) motion sought resentencing pursuant to Heggs
Category: Criminal Procedure
801 So. 2d 960, 2001 WL 1295477
District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 2579594
Cited 3 times | Published
1993). This claim is facially insufficient as a rule 3.800(a) motion because he failed to assert that the
Category: Criminal Procedure
792 So. 2d 601, 26 Fla. L. Weekly Fed. D 1987
District Court of Appeal of Florida | Filed: Aug 15, 2001 | Docket: 1416463
Cited 3 times | Published
filing or the motion is deemed denied. Fla. R. Crim P. 3.800(b). Once the sixty days has passed with
Category: Criminal Procedure
782 So. 2d 955, 2001 WL 345199
District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 456555
Cited 3 times | Published
Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 3.800 which was denied on the basis that the motion
Category: Criminal Procedure
781 So. 2d 484, 2001 WL 273893
District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1293154
Cited 3 times | Published
for appellee.
PER CURIAM.
We review Appellant's rule 3.800(a) Motion to Correct Illegal Sentence alleging
Category: Criminal Procedure
778 So. 2d 448, 2001 WL 121113
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 473711
Cited 3 times | Published
motion to correct an illegal sentence, see Fla. R.Crim. P. 3.800, and alleges that his sentence is illegal
Category: Criminal Procedure
770 So. 2d 237, 2000 WL 1584031
District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 2585245
Cited 3 times | Published
court at the time of sentencing or through a Rule 3.800(b) motion. See Fla. R.App. P. 9.140(d). The State
Category: Criminal Procedure
775 So. 2d 352, 2000 WL 1551461
District Court of Appeal of Florida | Filed: Oct 20, 2000 | Docket: 2573315
Cited 3 times | Published
hold that credit time issues are cognizable in a rule 3.800(a) motion when it is affirmatively alleged how
Category: Criminal Procedure
765 So. 2d 847, 2000 WL 1153248
District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 346258
Cited 3 times | Published
court's order denying a motion brought under rule 3.800(c) is generally not appealable. See Lusskin v
Category: Criminal Procedure
763 So. 2d 480, 2000 WL 873295
District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 1278364
Cited 3 times | Published
court did not err in denying his motion because rule 3.800(a) motions are limited to correcting sentencing
Category: Criminal Procedure
757 So. 2d 631, 2000 WL 638844
District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1330998
Cited 3 times | Published
probation. He did not appeal, but he did file a Rule 3.800(a) motion claiming that he received an illegal
Category: Criminal Procedure
757 So. 2d 631, 2000 WL 638844
District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1330998
Cited 3 times | Published
probation. He did not appeal, but he did file a Rule 3.800(a) motion claiming that he received an illegal
Category: Criminal Procedure
734 So. 2d 454, 1999 WL 270453
District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 296205
Cited 3 times | Published
counts against appellant.
Appellant alleged in his rule 3.800(a) motion that 21.8 points were added to his
Category: Criminal Procedure
750 So. 2d 37, 1999 WL 212859
District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 151843
Cited 3 times | Published
948 (Fla. 4th DCA 1998) (affirming denial of Rule 3.800 motion without prejudice to file a new motion
Category: Criminal Procedure
727 So. 2d 403, 1999 WL 124100
District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 2583558
Cited 3 times | Published
motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). We reverse, finding that Louissaint's
Category: Criminal Procedure
719 So. 2d 963, 1998 WL 712699
District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1705155
Cited 3 times | Published
(Supp. 1996); Fla. R.App. P. 9.140(d); Fla. R.Crim. P. 3.800(b); Cf. Gordon v. State, 717 So.2d 1069
Category: Criminal Procedure
714 So. 2d 1195, 1998 WL 438494
District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 2568918
Cited 3 times | Published
untimely filed in the trial court. See Fla. R.Crim. P. 3.800(c). Accordingly, we treat Knafel's attempt
Category: Criminal Procedure
713 So. 2d 1057, 1998 WL 347759
District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 1450192
Cited 3 times | Published
denial of his Rule 3.800 motion. For present purposes we assume that one or more of the Rule 3.800 issues was
Category: Criminal Procedure
713 So. 2d 1057, 1998 WL 347759
District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 1450192
Cited 3 times | Published
denial of his Rule 3.800 motion. For present purposes we assume that one or more of the Rule 3.800 issues was
Category: Criminal Procedure
711 So. 2d 167, 1998 WL 236186
District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1337608
Cited 3 times | Published
court to correct the sentence pursuant to Fla.R.Crim.P. 3.800(b)?
AFFIRMED.
MICKLE and LAWRENCE, JJ., concur
Category: Criminal Procedure
704 So. 2d 217, 1998 WL 17360
District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1355102
Cited 3 times | Published
§ 924.051(3), Fla. Stat. (Supp. 1996); Fla. R.Crim. P. 3.800(b).
Even if it had been properly preserved
Category: Criminal Procedure
702 So. 2d 247, 1997 WL 715689
District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 375924
Cited 3 times | Published
motion to correct sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, alleging
Category: Criminal Procedure
697 So. 2d 1304, 1997 WL 471482
District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 1777254
Cited 3 times | Published
Rule of Appellate Procedure 9.600 were amended. Rule 3.800 now permits a motion to correct a sentencing
Category: Criminal Procedure
591 So. 2d 1119, 1992 WL 850
District Court of Appeal of Florida | Filed: Jan 6, 1992 | Docket: 105460
Cited 3 times | Published
to correct illegal sentence, pursuant to Fla.R.Crim.P. 3.800(a), is the appropriate vehicle to attack
Category: Criminal Procedure
577 So. 2d 624, 1991 WL 39356
District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 2569504
Cited 3 times | Published
the trial court by way of a motion under Fla.R.Crim.P. 3.800.
Affirmed.
BOOTH and MINER, JJ., concur.
Category: Criminal Procedure
516 So. 2d 24, 12 Fla. L. Weekly 2640
District Court of Appeal of Florida | Filed: Nov 17, 1987 | Docket: 778776
Cited 3 times | Published
motion to correct an illegal sentence under Fla.R. Crim.P. 3.800(a). We reverse based on the following briefly
Category: Criminal Procedure
487 So. 2d 1130, 11 Fla. L. Weekly 903
District Court of Appeal of Florida | Filed: Apr 16, 1986 | Docket: 1797171
Cited 3 times | Published
modification or reduction of a sentence provided in rule 3.800(b), Florida Rules of Criminal Procedure, Wilson
Category: Criminal Procedure
354 So. 2d 1258
District Court of Appeal of Florida | Filed: Feb 10, 1978 | Docket: 1279629
Cited 3 times | Published
expiration of the period of time prescribed in Fla.R.Crim.P. 3.800 within which a sentence may be reduced. We
Category: Criminal Procedure
271 So. 3d 177
District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420921
Cited 2 times | Published
scoresheet error is presented
[through, inter alia, a rule 3.800(b) motion], any error is harmless
if the record
Category: Criminal Procedure
271 So. 3d 76
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64713526
Cited 2 times | Published
the conviction and the sentence. A motion under rule 3.800(a) is not available where, as here, the defendant
Category: Criminal Procedure
260 So. 3d 147
Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439934
Cited 2 times | Published
consequently, the sentences are illegal under rule 3.800(a)").
CONCLUSION
Because subsection
Category: Criminal Procedure
250 So. 3d 178
District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143
Cited 2 times | Published
While this appeal was pending,
Hogle filed a rule 3.800(b)(2) motion to correct sentence, arguing
the
Category: Criminal Procedure
243 So. 3d 534
District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024336
Cited 2 times | Published
completed youthful offender boot camp,
argued in his rule 3.800(a) motion that the trial court erred in
sentencing
Category: Criminal Procedure
256 So. 3d 208
District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000937
Cited 2 times | Published
after trial court granted relief on defendant’s rule 3.800(b) motion).
AFFIRMED; REMANDED for entry
Category: Criminal Procedure
239 So. 3d 714
District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326627
Cited 2 times | Published
guilty of
possession of THC and the denial of his rule 3.800(b)(2) motion to correct
his sentence. He argues
Category: Criminal Procedure
224 So. 3d 885, 2017 WL 3561057, 2017 Fla. App. LEXIS 11838
District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6140206
Cited 2 times | Published
the motion was improperly filed under either rule 3.800(a) or (b)
1
and that the motion should
Category: Criminal Procedure
225 So. 3d 940, 2017 WL 3565837, 2017 Fla. App. LEXIS 11862
District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143754
Cited 2 times | Published
be considered as a rule 3.800(a) motion. The circuit court treated it as a rule 3.800(a) motion, but then
Category: Criminal Procedure
221 So. 3d 723, 2017 Fla. App. LEXIS 7806, 2017 WL 2350130
District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067560
Cited 2 times | Published
correct or vacate an illegal sentence pursuant to rule 3.800(a).
On October 9,1998, Cox entered a negotiated
Category: Criminal Procedure
217 So. 3d 1162, 2017 WL 1534812, 2017 Fla. App. LEXIS 5899
District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265634
Cited 2 times | Published
reason—a 60-year sentence in this case.” See Fla. R. Crim. P. 3.800(b)(1) (“During the time allowed for the
Category: Criminal Procedure
223 So. 3d 1059, 2017 WL 1403361, 2017 Fla. App. LEXIS 5289
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60269882
Cited 2 times | Published
comment.
However, “[o]rders denying relief under rule 3.800(c) are not renewable by appeal.” Seward v. State
Category: Criminal Procedure
216 So. 3d 734, 2017 WL 1364001, 2017 Fla. App. LEXIS 5054
District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60265476
Cited 2 times | Published
DCA 2010).
In March 2011, the defendant filed a rule 3.800(a) motion alleging that his sentence on count
Category: Criminal Procedure
215 So. 3d 1262, 2017 Fla. App. LEXIS 4539
District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613
Cited 2 times | Published
Robinson, defendant, appeals an order denying his rule 3.800(a) motion to correct illegal sentence, in which
Category: Criminal Procedure
197 So. 3d 641, 2016 Fla. App. LEXIS 12563, 2016 WL 4396055
District Court of Appeal of Florida | Filed: Aug 18, 2016 | Docket: 60256321
Cited 2 times | Published
directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall
Category: Criminal Procedure
197 So. 3d 641, 2016 Fla. App. LEXIS 12563, 2016 WL 4396055
District Court of Appeal of Florida | Filed: Aug 18, 2016 | Docket: 60256321
Cited 2 times | Published
directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall
Category: Criminal Procedure
196 So. 3d 499, 2016 Fla. App. LEXIS 10693, 2016 WL 3713758
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4110321
Cited 2 times | Published
(table).
The trial court granted Jimenez’s Rule 3.800(a) motion filed January 14, 2008, on the State’s
Category: Criminal Procedure
192 So. 3d 658, 2016 WL 3065071, 2016 Fla. App. LEXIS 8248
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068941
Cited 2 times | Published
motion is deemed denied.
See
Fla. R.Crim. P. 3.800(b)(2)(B). Because Mr. Marchan contested
Category: Criminal Procedure
187 So. 3d 945, 2016 Fla. App. LEXIS 4495, 2016 WL 1133702
District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 60254155
Cited 2 times | Published
State, 60 So.3d 1045 (Fla.2011) (recognizing that rule 3.800(a) places the burden on the movant to demonstrate
Category: Criminal Procedure
185 So. 3d 1281
District Court of Appeal of Florida | Filed: Feb 25, 2016 | Docket: 3039566
Cited 2 times | Published
expiration of the time for ruling on a motion under Rule 3.800(b)(2) is a nullity);
Sessions v. State
Category: Criminal Procedure
213 So. 3d 966, 2015 Fla. App. LEXIS 18908
District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 60263973
Cited 2 times | Published
defendant’s convictions are not cognizable in a rule 3.800(a) motion. See State v. Williams, 854 So.2d 215
Category: Criminal Procedure
177 So. 3d 995, 2015 Fla. App. LEXIS 15005, 2015 WL 5883412
District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60251264
Cited 2 times | Published
corrected at any time under rule 3.800(a). The more encompassing rule is rule 3.800(b), which provides time
Category: Criminal Procedure
172 So. 3d 465, 2015 Fla. App. LEXIS 8095, 2015 WL 3408083
District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 60250067
Cited 2 times | Published
proposition that sentencing errors must be preserved by Rule 3.800(b) motion. Period. Nothing more. No rule or case
Category: Criminal Procedure
166 So. 3d 840, 2015 Fla. App. LEXIS 5862, 2015 WL 1849497
District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679389
Cited 2 times | Published
then the sentence will not be illegal within rule 3.800(a) even though the judge erred in imposing it
Category: Criminal Procedure
166 So. 3d 840, 2015 Fla. App. LEXIS 5862, 2015 WL 1849497
District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679389
Cited 2 times | Published
then the sentence will not be illegal within rule 3.800(a) even though the judge erred in imposing it
Category: Criminal Procedure
149 So. 3d 739, 2014 Fla. App. LEXIS 17742, 2014 WL 5478059
District Court of Appeal of Florida | Filed: Oct 31, 2014 | Docket: 60243991
Cited 2 times | Published
motion may be filed on or before July 1, 2014. Rule 3.800(a) was also amended to remove any reference to
Category: Criminal Procedure
151 So. 3d 44, 2014 Fla. App. LEXIS 17681, 2014 WL 5893099
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244451
Cited 2 times | Published
Adrian Smith appeals the summary denial of his rule 3.800(a) motion in which he claimed that his prison
Category: Criminal Procedure
145 So. 3d 202, 2014 WL 4056558, 2014 Fla. App. LEXIS 12658
District Court of Appeal of Florida | Filed: Aug 18, 2014 | Docket: 60242658
Cited 2 times | Published
the first degree with *203a firearm, filed a rule 3.800(a) motion arguing that his sentences have been
Category: Criminal Procedure
140 So. 3d 1132, 2014 Fla. App. LEXIS 9344, 2014 WL 2781814
District Court of Appeal of Florida | Filed: Jun 20, 2014 | Docket: 60241375
Cited 2 times | Published
motion to correct sentencing error pursuant to rule 3.800(b)(2). He argued that: (1) under the statute
Category: Criminal Procedure
136 So. 3d 1232, 2014 Fla. App. LEXIS 5506, 2014 WL 1468091
District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239943
Cited 2 times | Published
six years’ imprisonment).
A motion pursuant to rule 3.800(a) can be filed at any time. For whatever reason
Category: Criminal Procedure
136 So. 3d 1232, 2014 Fla. App. LEXIS 5506, 2014 WL 1468091
District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239943
Cited 2 times | Published
six years’ imprisonment).
A motion pursuant to rule 3.800(a) can be filed at any time. For whatever reason
Category: Criminal Procedure
133 So. 3d 601, 2014 WL 811580, 2014 Fla. App. LEXIS 2795
District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60238836
Cited 2 times | Published
motion to correct an illegal sentence. See Fla. R.Crim. P. 3.800(a).
In 2006, a jury convicted Ms. Landrum
Category: Criminal Procedure
137 So. 3d 1037, 2014 WL 626619, 2014 Fla. App. LEXIS 2248
District Court of Appeal of Florida | Filed: Feb 19, 2014 | Docket: 60240141
Cited 2 times | Published
eligibility.
Although such a claim is cognizable under rule 3.800(a) if the sentencing error may be resolved as
Category: Criminal Procedure
137 So. 3d 1037, 2014 WL 626619, 2014 Fla. App. LEXIS 2248
District Court of Appeal of Florida | Filed: Feb 19, 2014 | Docket: 60240141
Cited 2 times | Published
eligibility.
Although such a claim is cognizable under rule 3.800(a) if the sentencing error may be resolved as
Category: Criminal Procedure
132 So. 3d 333, 2014 WL 222980, 2014 Fla. App. LEXIS 582
District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238426
Cited 2 times | Published
Suffield, Jr. appeals the summary denial of his rule 3.800 motion. He alleges that his sentence is illegal
Category: Criminal Procedure
132 So. 3d 734, 38 Fla. L. Weekly Supp. 884, 2013 Fla. LEXIS 2638, 2013 WL 6331351
Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238541
Cited 2 times | Published
mentioned in rule 3.800(a) as an error that could be corrected at any time. Fla. R.Crim. P. 3.800(a). As this
Category: Criminal Procedure
127 So. 3d 769, 2013 WL 6182407, 2013 Fla. App. LEXIS 18880
District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236854
Cited 2 times | Published
sentence would be mitigated to 8 years. See Fla. R. Crim. P. 3.800(c). As a condition of probation, the court
Category: Criminal Procedure
123 So. 3d 647, 2013 WL 5475606, 2013 Fla. App. LEXIS 15518
District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60235134
Cited 2 times | Published
Lunick Janvier appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence. In his
Category: Criminal Procedure
125 So. 3d 1002, 2013 WL 3240103, 2013 Fla. App. LEXIS 10265
District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60235614
Cited 2 times | Published
in its March 15, 2010, order on Wade’s first rule 3.800(a) motion. In that order, the court' had found
Category: Criminal Procedure
109 So. 3d 865, 2013 WL 950369, 2013 Fla. App. LEXIS 3937
District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229829
Cited 2 times | Published
370 (Fla. 3d DCA 2011), and deny the petition.
Rule 3.800(c) allows for a reduction or modification of
Category: Criminal Procedure
107 So. 3d 1185, 2013 WL 614883, 2013 Fla. App. LEXIS 2776
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228585
Cited 2 times | Published
in conformance with the order on Appellant’s rule 3.800(b)(2) motion.
On remand, the trial court may
Category: Criminal Procedure
707 F.3d 1239, 2013 WL 424888, 2013 U.S. App. LEXIS 2505
Court of Appeals for the Eleventh Circuit | Filed: Feb 5, 2013 | Docket: 883301
Cited 2 times | Published
Alexander
and effectively renders a Rule 3.800(c) motion a tolling event for the purposes of
Category: Criminal Procedure
106 So. 3d 33, 2013 Fla. App. LEXIS 1380, 2013 WL 335963
District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228181
Cited 2 times | Published
sentenced as a habitual felony offender. However, rule 3.800(a) provides in part that “[a] court at any time
Category: Criminal Procedure
100 So. 3d 281, 2012 Fla. App. LEXIS 19607, 2012 WL 5500522
District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60225763
Cited 2 times | Published
of a negotiated plea is not cognizable under Rule 3.800 but must be brought in a timely manner pursuant
Category: Criminal Procedure
96 So. 3d 1039, 2012 Fla. App. LEXIS 14009, 2012 WL 3587048
District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311384
Cited 2 times | Published
CURIAM.
In this appeal of an order denying his rule 3.800(a) motion, the defendant asserts that his forty-year
Category: Criminal Procedure
97 So. 3d 861, 2012 WL 3326389, 2012 Fla. App. LEXIS 13577
District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311984
Cited 2 times | Published
that refute each claim presented”).
Although Rule 3.800(a) does not expressly require a court to attach
Category: Criminal Procedure
96 So. 3d 980, 2012 Fla. App. LEXIS 13197, 2012 WL 3192722
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311612
Cited 2 times | Published
CURIAM.
Calvin Jackson appeals the denial of his Rule 3.800(a) motion to correct illegal sentence in two
Category: Criminal Procedure
94 So. 3d 652, 2012 WL 3101520, 2012 Fla. App. LEXIS 12519
District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310932
Cited 2 times | Published
application.
Appellant’s claim is not properly a rule 3.800(a) challenge to an illegal sentence. See, e.g
Category: Criminal Procedure
90 So. 3d 927, 2012 WL 2345112, 2012 Fla. App. LEXIS 9994
District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60309707
Cited 2 times | Published
errors in her motions to correct sentence under rule 3.800(2)(b), Florida Rules of Criminal Procedure. She
Category: Criminal Procedure
88 So. 3d 1015, 2012 WL 1870877, 2012 Fla. App. LEXIS 8223
District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60308106
Cited 2 times | Published
to file a motion to correct his sentence under rule 3.800(a).
We have considered all of the other issues
Category: Criminal Procedure
86 So. 3d 1270, 2012 WL 1605237, 2012 Fla. App. LEXIS 7296
District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60307622
Cited 2 times | Published
be resurrected through the subsequently filed rule 3.800(b)(2) motion. Further, the State suggests no
Category: Criminal Procedure
86 So. 3d 541, 2012 WL 1319476, 2012 Fla. App. LEXIS 6046
District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60307706
Cited 2 times | Published
without prejudice to its being raised properly in a rule 3.800(a) motion. However, jail credit claims are cognizable
Category: Criminal Procedure
83 So. 3d 958, 2012 WL 833365, 2012 Fla. App. LEXIS 4131
District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306551
Cited 2 times | Published
CURIAM.
Richard Kittles appeals the denial of his Rule 3.800(a) motion. The motion raises repetitive and meritless
Category: Criminal Procedure
86 So. 3d 516, 2012 Fla. App. LEXIS 3362, 2012 WL 676649
District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 60307693
Cited 2 times | Published
sentence is not treated as a ground for relief under rule 3.800(a).
When Mr. Plott appealed the order denying
Category: Criminal Procedure
79 So. 3d 873, 2012 WL 385482, 2012 Fla. App. LEXIS 1775
District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305395
Cited 2 times | Published
as a de facto denial of the motion. See Fla. R.Crim. P. 3.800(b)(1)(B), 3.800(b)(2)(B); Brooks v. State
Category: Criminal Procedure
102 So. 3d 660, 2012 Fla. App. LEXIS 54, 2012 WL 28713
District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 60226734
Cited 2 times | Published
the trial court had jurisdiction to consider a rule 3.800 motion while a rule 3.850 motion was pending
Category: Criminal Procedure
76 So. 3d 1072, 2011 Fla. App. LEXIS 20495, 2011 WL 6438868
District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 688394
Cited 2 times | Published
082(10) by doing so in response to Goldberg's rule 3.800(b)(2) motion. See, e.g., Mandri v. State, 813
Category: Criminal Procedure
74 So. 3d 154, 2011 Fla. App. LEXIS 17768, 2011 WL 5374983
District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2575594
Cited 2 times | Published
this error may be raised for the first time in a rule 3.800(b)(2) motion. Pifer v. State, 59 So.3d 225 (Fla
Category: Criminal Procedure
78 So. 3d 11, 2011 Fla. App. LEXIS 16140, 2011 WL 4809036
District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2536103
Cited 2 times | Published
sentencing error. Recently, defendant filed a Rule 3.800 motion to correct the illegal sentence, and the
Category: Criminal Procedure
69 So. 3d 1003, 2011 Fla. App. LEXIS 14154, 2011 WL 3903109
District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302420
Cited 2 times | Published
under either rule 3.800 or 8.850. Garcia apparently did not appeal from that order.
Rule 3.800, however,
Category: Criminal Procedure
66 So. 3d 1015, 2011 Fla. App. LEXIS 10899, 2011 WL 2685611
District Court of Appeal of Florida | Filed: Jul 12, 2011 | Docket: 2365948
Cited 2 times | Published
567 (Fla. 1st DCA 2006). In fact, he filed a Rule 3.800(b) motion challenging his sentences on double
Category: Criminal Procedure
65 So. 3d 138, 2011 Fla. App. LEXIS 10569, 2011 WL 2638180
District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 2364360
Cited 2 times | Published
an illegal sentence, and may be remedied in a rule 3.800 proceeding. Allwine v. State, 42 So.3d 291, 293
Category: Criminal Procedure
64 So. 3d 156, 2011 Fla. App. LEXIS 9631, 2011 WL 2462593
District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 511057
Cited 2 times | Published
Calandra (Defendant) appeals the denial of his rule 3.800(a) motion. We affirm.
For a first degree murder
Category: Criminal Procedure
99 So. 3d 514, 2011 WL 2496655, 2011 Fla. App. LEXIS 9612
District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60313037
Cited 2 times | Published
465 days credit.1
In April 2009, Sneed filed a Rule 3.800(a) motion arguing entitlement to a total of 2
Category: Criminal Procedure
58 So. 3d 387, 2011 Fla. App. LEXIS 4881, 2011 WL 1326310
District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299346
Cited 2 times | Published
McLendon [“McLendon”] appeals the denial of his Rule 3.800(a) motion in which he argued that sentences he
Category: Criminal Procedure
58 So. 3d 387, 2011 Fla. App. LEXIS 4881, 2011 WL 1326310
District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299346
Cited 2 times | Published
McLendon [“McLendon”] appeals the denial of his Rule 3.800(a) motion in which he argued that sentences he
Category: Criminal Procedure
51 So. 3d 1164, 2010 Fla. App. LEXIS 19937, 2010 WL 5557083
District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2407676
Cited 2 times | Published
denied the appellant's claim as successive. While rule 3.800(a) does not prohibit successive motions, a defendant
Category: Criminal Procedure
50 So. 3d 77, 2010 Fla. App. LEXIS 18625, 2010 WL 4962810
District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297349
Cited 2 times | Published
affirm the trial court’s summary denial of his Rule 3.800(a) motion, but for the reason explained below
Category: Criminal Procedure
47 So. 3d 952, 2010 Fla. App. LEXIS 17642, 2010 WL 4630845
District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2399823
Cited 2 times | Published
sixty days; thus, it is deemed denied. Fla. R. Crim. P. 3.800(b)(2)(B); Watts v. State, 973 So.2d 1271
Category: Criminal Procedure
46 So. 3d 1077, 2010 Fla. App. LEXIS 16174, 2010 WL 4157258
District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2395992
Cited 2 times | Published
defendant has the right to appeal this denial of a rule 3.800(c) motion is incorrect and should be eliminated
Category: Criminal Procedure
44 So. 3d 1240, 2010 Fla. App. LEXIS 14541
District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 60295554
Cited 2 times | Published
reasons, we acknowledge the committee note under Rule 3.800, which provides that the authorization in 3.800(b)
Category: Criminal Procedure
44 So. 3d 1240, 2010 WL 3808975
District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 1928656
Cited 2 times | Published
reasons, we acknowledge the committee note under Rule 3.800, which provides that the authorization in 3.800(b)
Category: Criminal Procedure
44 So. 3d 198, 2010 Fla. App. LEXIS 13625, 2010 WL 3564732
District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2395828
Cited 2 times | Published
PER CURIAM.
Appellant appeals the denial of her rule 3.800(c) motion for reduction and/or mitigation of
Category: Criminal Procedure
44 So. 3d 198, 2010 Fla. App. LEXIS 13625, 2010 WL 3564732
District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2395828
Cited 2 times | Published
PER CURIAM.
Appellant appeals the denial of her rule 3.800(c) motion for reduction and/or mitigation of
Category: Criminal Procedure
42 So. 3d 871, 2010 Fla. App. LEXIS 12169, 2010 WL 3239003
District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148130
Cited 2 times | Published
was not proper in a motion filed pursuant to rule 3.800(a). Although it is true that sentencing procedures
Category: Criminal Procedure
42 So. 3d 842, 2010 Fla. App. LEXIS 11291, 2010 WL 3023393
District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2566992
Cited 2 times | Published
the trial court that most of McMillan's third rule 3.800(a) motion is *843 successive. We discern, however
Category: Criminal Procedure
36 So. 3d 934, 2010 Fla. App. LEXIS 8718, 2010 WL 2468093
District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 60294509
Cited 2 times | Published
the motion, and it is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B).
Category: Criminal Procedure
36 So. 3d 796, 2010 Fla. App. LEXIS 6965, 2010 WL 1994097
District Court of Appeal of Florida | Filed: May 20, 2010 | Docket: 1148849
Cited 2 times | Published
allows for the filing of multiple *797 motions. A rule 3.800(a) motion cannot be classified as successive
Category: Criminal Procedure
41 So. 3d 257, 2010 Fla. App. LEXIS 6930, 2010 WL 1979164
District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1927120
Cited 2 times | Published
defendant's 3.800(a) motion was denied as "successive." Rule 3.800(a), however, does not prohibit the filing of
Category: Criminal Procedure
29 So. 3d 1228, 2010 Fla. App. LEXIS 4196, 2010 WL 1222755
District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1643489
Cited 2 times | Published
motion to correct illegal sentence pursuant to rule 3.800, alleging that he should have been sentenced
Category: Criminal Procedure
32 So. 3d 681, 2010 Fla. App. LEXIS 3906, 2010 WL 1135988
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 2550083
Cited 2 times | Published
filed a motion to correct illegal sentence under rule 3.800(a). The motion was granted, and on March 28,
Category: Criminal Procedure
32 So. 3d 681, 2010 Fla. App. LEXIS 3906, 2010 WL 1135988
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 2550083
Cited 2 times | Published
filed a motion to correct illegal sentence under rule 3.800(a). The motion was granted, and on March 28,
Category: Criminal Procedure
29 So. 3d 398, 2010 Fla. App. LEXIS 2526, 2010 WL 711784
District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2548389
Cited 2 times | Published
See Fla. R.App. P. 9.141(b)(2)(D).
*399 In his Rule 3.800(a) motion filed below, Arturo Varela asserted
Category: Criminal Procedure
26 So. 3d 650, 2010 Fla. App. LEXIS 417, 2010 WL 199418
District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1638663
Cited 2 times | Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial court did not rule on the
Category: Criminal Procedure
27 So. 3d 700, 2010 Fla. App. LEXIS 277, 2010 WL 173628
District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1665089
Cited 2 times | Published
denied.
In July of 1999, Tatum filed his second Rule 3.800 motion, at least his third motion attacking his
Category: Criminal Procedure
25 So. 3d 683, 2010 Fla. App. LEXIS 187, 2010 WL 143766
District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1662139
Cited 2 times | Published
ruling on the motion within sixty days. Fla.R.Crim. P. 3.800(b)(2)(B). In his motion, Mr. Hayes alleged
Category: Criminal Procedure
24 So. 3d 794, 2009 Fla. App. LEXIS 20536, 2009 WL 5150313
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 13037
Cited 2 times | Published
Wayne Seymour, appeals the summary denial of his rule 3.800(a) motion.[1] In his motion, the Appellant claimed
Category: Criminal Procedure
23 So. 3d 1263, 2009 Fla. App. LEXIS 20399, 2009 WL 5126522
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1181543
Cited 2 times | Published
enlarge the sixty day time limit to file and hear a Rule 3.800(c) motion to mitigate sentence. The sixty day
Category: Criminal Procedure
20 So. 3d 1024, 2009 Fla. App. LEXIS 16843, 2009 WL 3763052
District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 244214
Cited 2 times | Published
entered September 3, 2008, summarily denying his rule 3.800(a) motion to correct illegal sentence (case no
Category: Criminal Procedure
20 So. 3d 992, 2009 Fla. App. LEXIS 16089, 2009 WL 3446403
District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 2521393
Cited 2 times | Published
based on testimony given during trial. In his Rule 3.800(b) motion, however, Pilon argued for the first
Category: Criminal Procedure
20 So. 3d 989, 2009 Fla. App. LEXIS 16003, 2009 WL 3430196
District Court of Appeal of Florida | Filed: Oct 27, 2009 | Docket: 2580152
Cited 2 times | Published
outside of the 60-day time period permitted by rule 3.800(b)(2)(B). The court granted the motion after
Category: Criminal Procedure
18 So. 3d 1254, 2009 Fla. App. LEXIS 15524, 2009 WL 3270851
District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1178488
Cited 2 times | Published
Tripp credit cannot be effected. In denying the rule 3.800(a) motion, the postconviction court concluded
Category: Criminal Procedure
14 So. 3d 286, 2009 Fla. App. LEXIS 10723, 2009 WL 2382385
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 2549943
Cited 2 times | Published
reviewed as a claim of illegal sentence, pursuant to rule 3.800(a).
The imposition of drug offender probation
Category: Criminal Procedure
14 So. 3d 254, 2009 Fla. App. LEXIS 10000, 2009 WL 2168805
District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 1159453
Cited 2 times | Published
the additional 15 year probationary term. Fla. R.Crim. P. 3.800(b)(2). In response, the trial court resentenced
Category: Criminal Procedure
15 So. 3d 812, 2009 Fla. App. LEXIS 9994, 2009 WL 2168775
District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 584419
Cited 2 times | Published
establish that his sentence was illegal under rule 3.800(a) for that reason. See Ives v. State, 993 So
Category: Criminal Procedure
15 So. 3d 775, 2009 Fla. App. LEXIS 9753, 34 Fla. L. Weekly Fed. D 1442
District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1191673
Cited 2 times | Published
ruled that the issue was not cognizable in a rule 3.800(a) motion and dismissed the claim without prejudice
Category: Criminal Procedure
12 So. 3d 889, 2009 Fla. App. LEXIS 8556, 2009 WL 1797847
District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1146828
Cited 2 times | Published
filed a motion to correct sentence, pursuant to rule 3.800(b)(2), Florida Rules of Criminal Procedure, challenging
Category: Criminal Procedure
9 So. 3d 761, 2009 Fla. App. LEXIS 7052, 2009 WL 1312907
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 49236
Cited 2 times | Published
imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal
Category: Criminal Procedure
23 So. 3d 127, 2009 Fla. App. LEXIS 3444, 2009 WL 1066051
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1657166
Cited 2 times | Published
of a Rule 3.800(c) motion, which must be filed within 60 days of a mandate. Fla. R.Crim. P. 3.800(c).
Category: Criminal Procedure
16 So. 3d 839, 2009 Fla. App. LEXIS 2846, 2009 WL 873491
District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1499863
Cited 2 times | Published
error without prejudice to appellant filing a rule 3.800 motion. See Cleveland v. State, 887 So.2d 362
Category: Criminal Procedure
5 So. 3d 791, 2009 Fla. App. LEXIS 2662, 2009 WL 790162
District Court of Appeal of Florida | Filed: Mar 27, 2009 | Docket: 1379971
Cited 2 times | Published
review of a circuit court order which denied his rule 3.800(c) motion to mitigate his sentence as untimely
Category: Criminal Procedure
5 So. 3d 791, 2009 Fla. App. LEXIS 2662, 2009 WL 790162
District Court of Appeal of Florida | Filed: Mar 27, 2009 | Docket: 1379971
Cited 2 times | Published
review of a circuit court order which denied his rule 3.800(c) motion to mitigate his sentence as untimely
Category: Criminal Procedure
5 So. 3d 765, 2009 Fla. App. LEXIS 2016, 2009 WL 607495
District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 203179
Cited 2 times | Published
sentencing error properly preserved through a rule 3.800(b) motion); State v. Anderson, 905 So.2d 111
Category: Criminal Procedure
3 So. 3d 1190, 34 Fla. L. Weekly Supp. 245, 2009 Fla. LEXIS 263, 2009 WL 465787
Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1294949
Cited 2 times | Published
Saintelien, in which we ultimately held that "a rule 3.800(a) motion to correct an illegal sentence may
Category: Criminal Procedure
3 So. 3d 1193, 34 Fla. L. Weekly Supp. 245, 2009 Fla. LEXIS 261, 2009 WL 465759
Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 832790
Cited 2 times | Published
Courts in King and Kidd "to the extent that a rule 3.800(a) motion may be used to challenge a sexual predator
Category: Criminal Procedure
3 So. 3d 438, 2009 Fla. App. LEXIS 1505, 2009 WL 454560
District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 507395
Cited 2 times | Published
prejudice to Thompkins filing a legally sufficient rule 3.800(a) or 3.850 motion in the trial court establishing
Category: Criminal Procedure
1 So. 3d 1233, 2009 Fla. App. LEXIS 1001, 2009 WL 290531
District Court of Appeal of Florida | Filed: Feb 9, 2009 | Docket: 2516138
Cited 2 times | Published
preserved below, but counsel should have filed a rule 3.800(b) motion. See, e.g., Flowers v. State, 965 So
Category: Criminal Procedure
998 So. 2d 1196, 2009 WL 47391
District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 242449
Cited 2 times | Published
which the court denied his facially sufficient rule 3.800(a) motion as successive. However, the trial court
Category: Criminal Procedure
996 So. 2d 954, 2008 WL 5220657
District Court of Appeal of Florida | Filed: Dec 16, 2008 | Docket: 1430758
Cited 2 times | Published
1999) (stating that a claim raised pursuant to rule 3.800(a) may be moot once the movant has completed
Category: Criminal Procedure
998 So. 2d 655, 2008 WL 5191672
District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1342052
Cited 2 times | Published
within sixty days, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); Watts v. State, 973 So.2d 1271
Category: Criminal Procedure
996 So. 2d 255, 2008 WL 5191726
District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1317400
Cited 2 times | Published
petitioner's motion to mitigate sentence pursuant to rule 3.800(c) was timely filed. Florida Rule of Criminal
Category: Criminal Procedure
995 So. 2d 1038, 2008 WL 4865029
District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1684924
Cited 2 times | Published
but the trial court had not yet ruled on his rule 3.800(a) motion. Even though the 3.800(a) motion had
Category: Criminal Procedure
992 So. 2d 878, 2008 WL 4601004
District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 1391075
Cited 2 times | Published
mandate.
On June 20, 2008, Petitioner handed a rule 3.800(c) motion to mitigate sentence to prison officials
Category: Criminal Procedure
991 So. 2d 980, 2008 WL 4330256
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1724900
Cited 2 times | Published
and sentence in either case.
Atterbury filed a rule 3.800(a) motion, alleging that the trial court erred
Category: Criminal Procedure
991 So. 2d 980, 2008 WL 4330256
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1724900
Cited 2 times | Published
and sentence in either case.
Atterbury filed a rule 3.800(a) motion, alleging that the trial court erred
Category: Criminal Procedure
990 So. 2d 595, 2008 WL 3359744
District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 1687839
Cited 2 times | Published
previously obtained the relief sought in his rule 3.800(b) motion, appellate counsel obviously did not
Category: Criminal Procedure
990 So. 2d 595, 2008 WL 3359744
District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 1687839
Cited 2 times | Published
previously obtained the relief sought in his rule 3.800(b) motion, appellate counsel obviously did not
Category: Criminal Procedure
994 So. 2d 337, 2008 WL 2986502
District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1666910
Cited 2 times | Published
DCA 1999).
Since 1999, Williams has filed seven rule 3.800(a) motions attacking the habitual violent felony
Category: Criminal Procedure
988 So. 2d 144, 2008 Fla. App. LEXIS 11825, 2008 WL 2951683
District Court of Appeal of Florida | Filed: Aug 4, 2008 | Docket: 64855381
Cited 2 times | Published
that this claim would not be cognizable in a rule 3.800(b)(2) motion, and appellate counsel therefore
Category: Criminal Procedure
988 So. 2d 144, 2008 Fla. App. LEXIS 11825, 2008 WL 2951683
District Court of Appeal of Florida | Filed: Aug 4, 2008 | Docket: 64855381
Cited 2 times | Published
that this claim would not be cognizable in a rule 3.800(b)(2) motion, and appellate counsel therefore
Category: Criminal Procedure
988 So. 2d 70, 2008 WL 2744474
District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1385139
Cited 2 times | Published
relied as its authority for filing the motion. Rule 3.800 prohibits a party from filing a motion under
Category: Criminal Procedure
983 So. 2d 1230, 2008 WL 2465620
District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 1157314
Cited 2 times | Published
court for initial consideration of the underlying rule 3.800 motion that gave rise to the Spencer order.
Mr
Category: Criminal Procedure
979 So. 2d 1257, 2008 WL 1886376
District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 2561399
Cited 2 times | Published
with the circuit court clerk on April 3, 2006. Rule 3.800(c) allows for a reduction *1259 or modification
Category: Criminal Procedure
979 So. 2d 1181, 2008 WL 1806203
District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1407504
Cited 2 times | Published
2d 235 (Fla. 3d DCA 2006) (affirming denial of rule 3.800 motion); Foley v. State, 920 So.2d 8 (Fla. 3d
Category: Criminal Procedure
523 F.3d 1291, 2008 U.S. App. LEXIS 7416, 2008 WL 926137
Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 2008 | Docket: 1615580
Cited 2 times | Published
absent tolling. See 28 U.S.C. § 2244(d)(1).
B. Rule 3.800(c) Motion under Florida Law
On January 8, 2001
Category: Criminal Procedure
979 So. 2d 1074, 2008 WL 859508
District Court of Appeal of Florida | Filed: Apr 2, 2008 | Docket: 2577751
Cited 2 times | Published
a credit of 223 days for time served. In his rule 3.800 motion appellee contends that his sentences were
Category: Criminal Procedure
975 So. 2d 1256, 2008 Fla. App. LEXIS 3397, 2008 WL 649610
District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1727413
Cited 2 times | Published
release, he has now filed the present motion under rule 3.800(a) to correct what he describes as an illegal
Category: Criminal Procedure
974 So. 2d 552, 2008 WL 397394
District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1717877
Cited 2 times | Published
concur.
NOTES
[1] Although filed as a Fla. R.Crim. P. 3.800 motion, since the time frame for filing
Category: Criminal Procedure
974 So. 2d 1133, 33 Fla. L. Weekly Fed. D 437
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 351216
Cited 2 times | Published
12, 2006. Pursuant to the sixty-day period of Rule 3.800(c) as measured from a defendant's original appeal
Category: Criminal Procedure
977 So. 2d 572, 2007 WL 4335477
Supreme Court of Florida | Filed: Dec 13, 2007 | Docket: 1529616
Cited 2 times | Published
below as a Florida Rule of Criminal Procedure Rule 3.800 "Motion to Correct Defendant's Death Sentence
Category: Criminal Procedure
970 So. 2d 468, 2007 WL 4322278
District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1324772
Cited 2 times | Published
Mr. Kramer's sentencing and error to deny the rule 3.800(b)(2) motion raising this issue. See Young v
Category: Criminal Procedure
972 So. 2d 916, 2007 WL 4207802
District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1650693
Cited 2 times | Published
Kenneth L. Grimsley appeals the denial of his fifth rule 3.800(a) motion to correct illegal sentence.[1] In
Category: Criminal Procedure
970 So. 2d 862, 2007 WL 4127005
District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 2555138
Cited 2 times | Published
CURIAM.
Dexter Gunn appeals an order denying his rule 3.800(a) motion to correct illegal sentence. The trial
Category: Criminal Procedure
968 So. 2d 92, 2007 WL 3408306
District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1498987
Cited 2 times | Published
correct its error when it granted Mr. Pearce's rule 3.800(b)(2) motion, we note that sixty-six days had
Category: Criminal Procedure
967 So. 2d 440, 2007 WL 3170496
District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 340961
Cited 2 times | Published
appeals the trial court's order denying his rule 3.800(a) motion to correct illegal sentence, alleging
Category: Criminal Procedure
970 So. 2d 376, 2007 WL 3085164
District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1695487
Cited 2 times | Published
Florida Rule of Criminal Procedure 3.800(a). Rule 3.800(a) exists for the narrow purpose of correcting
Category: Criminal Procedure
968 So. 2d 623, 2007 WL 3010043
District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 2564562
Cited 2 times | Published
the trial court's order that denied appellant's rule 3.800(a) motion as successive, but echo the trial court's
Category: Criminal Procedure
967 So. 2d 962, 2007 WL 2932899
District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 319950
Cited 2 times | Published
(Fla. 2d DCA 2003)(remanding the denial of a rule 3.800(a) motion for the trial court to check the prison
Category: Criminal Procedure
964 So. 2d 855, 2007 WL 2713545
District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1260124
Cited 2 times | Published
attorney preserved this issue for appeal by filing a rule 3.800(b)(2) motion in the trial court. Id.
In the present
Category: Criminal Procedure
963 So. 2d 911, 2007 WL 2428478
District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1697271
Cited 2 times | Published
within sixty days, so it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B).
The first two items
Category: Criminal Procedure
963 So. 2d 356, 2007 WL 2403262
District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 1121977
Cited 2 times | Published
the trial court denying her motion pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, on jurisdictional
Category: Criminal Procedure
961 So. 2d 1135, 2007 WL 2317183
District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 444728
Cited 2 times | Published
After the sixty-day time limit expired under rule 3.800(b), the trial court granted relief and vacated
Category: Criminal Procedure
962 So. 2d 381, 2007 WL 2212712
District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 2567115
Cited 2 times | Published
wherein the lower court granted in part Appellant's rule 3.800(b)(2)(B) motion. Appellant argues that the order
Category: Criminal Procedure
956 So. 2d 1240, 2007 WL 1486120
District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1481111
Cited 2 times | Published
Sentence." The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional
Category: Criminal Procedure
956 So. 2d 1209, 2007 WL 1450699
District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 2586658
Cited 2 times | Published
Dasher is not entitled to the relief sought under rule 3.800(b). When Mr. Dasher entered into a negotiated
Category: Criminal Procedure
957 So. 2d 692, 2007 WL 1295629
District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1679271
Cited 2 times | Published
Motion to Reduce Sentence, filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure. Because
Category: Criminal Procedure
954 So. 2d 63, 2007 WL 910331
District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 2566856
Cited 2 times | Published
affirm the circuit court's denial of appellant's rule 3.800(a) motion to *64 correct illegal sentence. Appellant
Category: Criminal Procedure
953 So. 2d 612, 2007 WL 837268
District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1325377
Cited 2 times | Published
we previously characterized as one filed under rule 3.800(a). In July 2002, again while the certiorari
Category: Criminal Procedure
951 So. 2d 980, 2007 WL 750331
District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 2546325
Cited 2 times | Published
motion to correct an illegal sentence. See Fla. R.Crim. P. 3.800(a). We affirm without prejudice to defendant
Category: Criminal Procedure
950 So. 2d 516, 2007 WL 750636
District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1501893
Cited 2 times | Published
denied by the court's failure to rule on it. Fla. R.Crim. P. 3.800(b)(1)(B).
In this appeal, Young argues that
Category: Criminal Procedure
949 So. 2d 1091, 2007 WL 397086
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 2504833
Cited 2 times | Published
the same challenge. All that he argued is that rule 3.800(a) does not bar successive motions. However,
Category: Criminal Procedure
944 So. 2d 1254, 2006 WL 3823119
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 2577132
Cited 2 times | Published
their face an entitlement to relief. See Fla. R.Crim. P. 3.800(a); see also Tyson v. State, 852 So.2d 428
Category: Criminal Procedure
946 So. 2d 598, 2006 WL 3780662
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 256933
Cited 2 times | Published
the face of the record and is improper for a rule 3.800(a) motion. See Decoste v. State, 898 So.2d 1201
Category: Criminal Procedure
944 So. 2d 513, 2006 WL 3733845
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649451
Cited 2 times | Published
deemed denied by operation of law. See Fla. R.Crim. P. 3.800(b)(1)(B).
Section 775.084(1)(b), Florida
Category: Criminal Procedure
947 So. 2d 531, 2006 WL 3734408
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 2572584
Cited 2 times | Published
must be raised in a Rule 3.850 motion, not in a Rule 3.800 motion, and since the conviction and sentences
Category: Criminal Procedure
945 So. 2d 586, 2006 WL 3615164
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1400623
Cited 2 times | Published
different date Mr. Penoyer's subsequently filed rule 3.800(a) motion.
Mr. Penoyer filed separate timely
Category: Criminal Procedure
952 So. 2d 529, 2006 WL 3371480
District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1703520
Cited 2 times | Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). We write to address two cost items
Category: Criminal Procedure
941 So. 2d 586, 2006 WL 3299706
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 2576938
Cited 2 times | Published
appeals the trial court's order denying her rule 3.800(a) motion to correct illegal sentence, alleging
Category: Criminal Procedure
943 So. 2d 855, 2006 WL 3207963
District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1527399
Cited 2 times | Published
Bolen, appeals the trial court's denial of his rule 3.800(b)(2) motion to correct alleged sentencing errors
Category: Criminal Procedure
940 So. 2d 1215, 2006 WL 3077621
District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 433144
Cited 2 times | Published
under rule 3.800(a). Because we find that two of Walker's claims are cognizable under rule 3.800(a), we
Category: Criminal Procedure
940 So. 2d 498, 2006 WL 2956291
District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 2576800
Cited 2 times | Published
Atterbury, appeals the circuit court's denial of his rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
941 So. 2d 419, 2006 WL 2787984
District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 431746
Cited 2 times | Published
concurrent sentences on the other offenses. In his rule 3.800(a) motion, he challenged only the imposition
Category: Criminal Procedure
937 So. 2d 1201, 2006 WL 2632213
District Court of Appeal of Florida | Filed: Sep 15, 2006 | Docket: 1513167
Cited 2 times | Published
appeals the trial court's summary denial of his rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
937 So. 2d 1201, 2006 WL 2632213
District Court of Appeal of Florida | Filed: Sep 15, 2006 | Docket: 1513167
Cited 2 times | Published
appeals the trial court's summary denial of his rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
939 So. 2d 1092, 2006 WL 2570848
District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 1237566
Cited 2 times | Published
agree that such a claim can be asserted under rule 3.800(a), provided that it is apparent from the face
Category: Criminal Procedure
935 So. 2d 1228, 2006 WL 2347426
District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1700680
Cited 2 times | Published
appeals the trial court's summary denial of his rule 3.800(a) motion to correct illegal sentence.[1] Concluding
Category: Criminal Procedure
932 So. 2d 617, 2006 WL 1805608
District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 2573112
Cited 2 times | Published
the trial court's order denying petitioner's rule 3.800(c) motion for lack of jurisdiction is quashed;
Category: Criminal Procedure
931 So. 2d 1023, 2006 WL 1627465
District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 2583164
Cited 2 times | Published
ineffective, such a claim cannot be raised by Rule 3.800(a) motion. See Maddox v. State, 673 So.2d 198
Category: Criminal Procedure
929 So. 2d 1130, 2006 WL 1473730
District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1727001
Cited 2 times | Published
[1] Thus, the motion is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); (b)(1)(B).
Mr. Broughton argues
Category: Criminal Procedure
927 So. 2d 1048, 2006 WL 1235917
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 2569438
Cited 2 times | Published
therefore, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B) and (b)(2)(B); O'Neill v. State
Category: Criminal Procedure
926 So. 2d 412, 2006 WL 572170
District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 2576305
Cited 2 times | Published
his sentence, which the court denied. See Fla. R.Crim. P. 3.800(c). Akins challenges that denial in this
Category: Criminal Procedure
932 So. 2d 337, 2006 WL 398623
District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 265472
Cited 2 times | Published
apparent that this issue cannot be resolved in a rule 3.800(a) proceeding, because the issue requires consideration
Category: Criminal Procedure
920 So. 2d 1213, 2006 WL 354297
District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 275870
Cited 2 times | Published
the time allowed for filing of a motion under Rule 3.800(b)(1), which permits a motion to be filed before
Category: Criminal Procedure
920 So. 2d 187, 2006 WL 305489
District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1440857
Cited 2 times | Published
to attach portions of the record refuting the rule 3.800(a) claim. Felder v. State, 828 So.2d 409 (Fla
Category: Criminal Procedure
920 So. 2d 719, 2006 WL 437543
District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 484254
Cited 2 times | Published
We affirm the summary denial of appellant's rule 3.800(a) motion to correct illegal sentence, challenging
Category: Criminal Procedure
915 So. 2d 1231, 2005 WL 3439944
District Court of Appeal of Florida | Filed: Dec 16, 2005 | Docket: 2563084
Cited 2 times | Published
because Vonador's claim is not cognizable under rule 3.800(a).
In 1992, Vonador was convicted of robbery
Category: Criminal Procedure
919 So. 2d 516, 2005 Fla. App. LEXIS 19673, 2005 WL 3402694
District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 64842022
Cited 2 times | Published
summarily denying a postconviction motion under rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
916 So. 2d 35, 2005 WL 3295745
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 365731
Cited 2 times | Published
made a facially sufficient claim for relief in a rule 3.800(a) motion. See Fitzpatrick v. State, 863 So.2d
Category: Criminal Procedure
912 So. 2d 61, 2005 WL 2373427
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 2546367
Cited 2 times | Published
2d 70, 71 (Fla. 2d DCA 2002) (holding that a rule 3.800(a) motion that does not allege that the court
Category: Criminal Procedure
911 So. 2d 221, 2005 WL 2321699
District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1207243
Cited 2 times | Published
Rule of Criminal Procedure 3.800(a). Because rule 3.800(a) does not expressly require the trial court
Category: Criminal Procedure
919 So. 2d 471, 2005 WL 2088008
District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1269764
Cited 2 times | Published
mitigation had long since expired. See Fla. R.Crim. P. 3.800(c)(court may reduce or modify legal sentence
Category: Criminal Procedure
907 So. 2d 646, 2005 WL 1762184
District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 204954
Cited 2 times | Published
motion to correct an illegal sentence under Fla. R. Crim. P. 3.800(a). Defendant claims he is entitled to
Category: Criminal Procedure
907 So. 2d 614, 2005 WL 1690580
District Court of Appeal of Florida | Filed: Jul 21, 2005 | Docket: 459449
Cited 2 times | Published
prisoners) was facially insufficient pursuant to rule 3.800(a); the motion failed to allege how and where
Category: Criminal Procedure
905 So. 2d 280, 2005 WL 1592934
District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 1316976
Cited 2 times | Published
Accordingly, the trial court should not have denied the rule 3.800(a) motion as successive. See Wright v. State
Category: Criminal Procedure
905 So. 2d 269, 2005 WL 1521415
District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 718429
Cited 2 times | Published
unauthorized since Coffelt at the time he filed the rule 3.800(b)(2) motion was and currently still is represented
Category: Criminal Procedure
904 So. 2d 638, 2005 WL 1467886
District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 796012
Cited 2 times | Published
contemporaneous objection or a motion pursuant to rule 3.800(b), the error could not be addressed on direct
Category: Criminal Procedure
903 So. 2d 1009, 2005 WL 1346927
District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1675195
Cited 2 times | Published
decision.
In the instant case, Sheffield filed a rule 3.800 motion to correct illegal sentence which raises
Category: Criminal Procedure
902 So. 2d 842, 2005 WL 906169
District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1674962
Cited 2 times | Published
motion was filed to correct the sentence. Fla. R.Crim. P. 3.800(b)(1).
After Doyon had completed his sentence
Category: Criminal Procedure
898 So. 2d 1203, 2005 WL 840033
District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 306728
Cited 2 times | Published
1995. In 2001, after Gay obtained relief under rule 3.800(a), Judge Schaefer resentenced him. Gay later
Category: Criminal Procedure
898 So. 2d 1109, 2005 WL 711614
District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1732188
Cited 2 times | Published
file a motion to correct sentencing error under rule 3.800(b) only if the correction of the sentencing error
Category: Criminal Procedure
899 So. 2d 341, 2005 WL 545443
District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 700118
Cited 2 times | Published
previously served in the county jail. See Fla. R.Crim. P. 3.800(a). We remand for further proceedings.
Defendant-appellant
Category: Criminal Procedure
894 So. 2d 1070, 2005 WL 387670
District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 2588054
Cited 2 times | Published
court treated the motion as one filed pursuant to Rule 3.800(a) and denied it as successive because Hogan
Category: Criminal Procedure
894 So. 2d 1070, 2005 WL 387670
District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 2588054
Cited 2 times | Published
court treated the motion as one filed pursuant to Rule 3.800(a) and denied it as successive because Hogan
Category: Criminal Procedure
895 So. 2d 488, 2005 WL 320664
District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1674319
Cited 2 times | Published
18, 2002. Also on December 18, Smith filed a rule 3.800(c) motion to mitigate her sentence.
Some six
Category: Criminal Procedure
895 So. 2d 488, 2005 WL 320664
District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1674319
Cited 2 times | Published
18, 2002. Also on December 18, Smith filed a rule 3.800(c) motion to mitigate her sentence.
Some six
Category: Criminal Procedure
890 So. 2d 519, 2005 WL 17774
District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 1291805
Cited 2 times | Published
Chestley Higgins appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. We agree
Category: Criminal Procedure
890 So. 2d 368, 2004 WL 2952851
District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 2581578
Cited 2 times | Published
pursue rule 3.800(b)(2) motions in the trial court to raise the sentencing issue. Rule 3.800(b)(2) requires
Category: Criminal Procedure
887 So. 2d 416, 2004 WL 2387336
District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1515156
Cited 2 times | Published
file a facially sufficient motion pursuant to rule 3.800(a).
In his motion, Speas alleged that the trial
Category: Criminal Procedure
884 So. 2d 471, 2004 WL 2251859
District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1397410
Cited 2 times | Published
motion to mitigate sentence was timely. Fla. R.Crim. P. 3.800(c); Roauer v. State, 697 So.2d 1303, 1304
Category: Criminal Procedure
884 So. 2d 316, 2004 WL 1932778
District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 737466
Cited 2 times | Published
face an entitlement to that relief." See Fla. R.Crim. P. 3.800(a).
Affirmed.
ALTENBERND, C.J., and COVINGTON
Category: Criminal Procedure
884 So. 2d 309, 2004 WL 1882491
District Court of Appeal of Florida | Filed: Aug 25, 2004 | Docket: 1282138
Cited 2 times | Published
time for filing a notice of appeal. See Fla. R.Crim. P. 3.800(b) & (c). Additionally, pursuant to Pasco
Category: Criminal Procedure
880 So. 2d 826, 2004 WL 1836111
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1294810
Cited 2 times | Published
designating him a sexual predator. See Fla. R.Crim. P. 3.800(c) ("A court may reduce or modify... a legal
Category: Criminal Procedure
878 So. 2d 1270, 2004 WL 1749182
District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1353503
Cited 2 times | Published
505 (Fla. 5th DCA 1993).
The defendant filed a Rule 3.800(b)(2) motion on August 6, 2003. The trial court
Category: Criminal Procedure
879 So. 2d 646, 2004 WL 1401254
District Court of Appeal of Florida | Filed: Jun 24, 2004 | Docket: 122523
Cited 2 times | Published
2003, sentencing order a nullity. See Fla. R.Crim. P. 3.800(b)(2)(B); Robinson v. State, 850 So.2d 658
Category: Criminal Procedure
867 So. 2d 649, 2004 WL 535274
District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 2564552
Cited 2 times | Published
the trial court's order summarily denying his Rule 3.800(a) motion, his fourth such motion.[1] The trial
Category: Criminal Procedure
868 So. 2d 629, 2004 WL 503825
District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 315762
Cited 2 times | Published
file a facially sufficient claim pursuant to rule 3.800(a) alleging that the trial court, in case number
Category: Criminal Procedure
866 So. 2d 772, 2004 WL 360892
District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 84141
Cited 2 times | Published
consideration on the merits.
We affirm the denial of his rule 3.800(a) motion to correct an illegal sentence.
Affirmed
Category: Criminal Procedure
864 So. 2d 1282, 2004 WL 221061
District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 2562695
Cited 2 times | Published
sufficient claim for jail credit pursuant to rule 3.800(a) by providing the dates for which he is seeking
Category: Criminal Procedure
864 So. 2d 75, 2003 WL 23008816
District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1426330
Cited 2 times | Published
sentences. This is a proper claim for relief under rule 3.800(a). See Carter v. State, 786 So.2d 1173, 1181
Category: Criminal Procedure
859 So. 2d 555, 2003 WL 22736596
District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 1284779
Cited 2 times | Published
sentence in his direct appeal and in his prior rule 3.800(a) motion on grounds that he did not qualify
Category: Criminal Procedure
863 So. 2d 355, 2003 WL 22461298
District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1756193
Cited 2 times | Published
filed pursuant to rule 3.800. Unlike rule 3.850, neither rule 3.170(l) nor rule 3.800 required the circuit
Category: Criminal Procedure
863 So. 2d 355, 2003 WL 22461298
District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1756193
Cited 2 times | Published
filed pursuant to rule 3.800. Unlike rule 3.850, neither rule 3.170(l) nor rule 3.800 required the circuit
Category: Criminal Procedure
854 So. 2d 743, 2003 WL 21990938
District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 48298
Cited 2 times | Published
J.
We have for review an order which denies a Rule 3.800(a) motion to correct an illegal sentence. The
Category: Criminal Procedure
851 So. 2d 826, 2003 WL 21749076
District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1691538
Cited 2 times | Published
challenges the trial court's summary denial of his Rule 3.800(a) motion for jail credit. We reverse because
Category: Criminal Procedure
851 So. 2d 826, 2003 WL 21749076
District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1691538
Cited 2 times | Published
challenges the trial court's summary denial of his Rule 3.800(a) motion for jail credit. We reverse because
Category: Criminal Procedure
840 So. 2d 371, 2003 WL 1089287
District Court of Appeal of Florida | Filed: Mar 13, 2003 | Docket: 95990
Cited 2 times | Published
her rule 3.800(c) motion to reduce or modify her sentence. A claim brought pursuant to rule 3.800(c) is
Category: Criminal Procedure
838 So. 2d 699, 2003 WL 832062
District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1269593
Cited 2 times | Published
2001).
2. Washington filed a motion pursuant to rule 3.800(a) which was denied and the denial was affirmed
Category: Criminal Procedure
833 So. 2d 275, 2002 WL 31875182
District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1675620
Cited 2 times | Published
occurring after the effective date of amended rule 3.800(b), even fundamental ones, are barred if not
Category: Criminal Procedure
830 So. 2d 262, 2002 WL 31525387
District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1379994
Cited 2 times | Published
Double jeopardy challenges are not cognizable in a rule 3.800(a) proceeding because they are attacks on the
Category: Criminal Procedure
830 So. 2d 195, 2002 WL 31422890
District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 471474
Cited 2 times | Published
trial court's order of May 6, 2002, denying his rule 3.800(a) motion to correct an illegal sentence.
Appellant
Category: Criminal Procedure
827 So. 2d 1063, 2002 WL 31268500
District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 315104
Cited 2 times | Published
error or, if necessary, treated the claim under rule 3.800(a). See Culver v. State, 790 So.2d 1126 (Fla
Category: Criminal Procedure
828 So. 2d 409, 2002 WL 31126642
District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 2583598
Cited 2 times | Published
Owen Felder appeals the summary denial of his rule 3.800(a) motion in which he alleged a guideline scoresheet
Category: Criminal Procedure
825 So. 2d 1021, 2002 WL 2030442
District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1312522
Cited 2 times | Published
correct an illegal sentence at any time, Fla. R.Crim. P. 3.800(a); Moore v. State, 768 So.2d 1140, 1143
Category: Criminal Procedure
823 So. 2d 829, 2002 WL 1842121
District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 455265
Cited 2 times | Published
appeals the trial court order summarily denying his rule 3.800(a) motion to correct illegal sentence. In this
Category: Criminal Procedure
826 So. 2d 412, 2002 WL 1723967
District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1198366
Cited 2 times | Published
this issue may be raised for the first time in a rule 3.800(a) motion. See Rowan v. State, 791 So.2d 40 (Fla
Category: Criminal Procedure
820 So. 2d 1043, 2002 WL 1466603
District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1362411
Cited 2 times | Published
motion to correct the sentence in this regard.
Rule 3.800(a) provides that a "court may at any time correct
Category: Criminal Procedure
816 So. 2d 1254, 2002 WL 1072062
District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 2541231
Cited 2 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
816 So. 2d 1154, 2002 WL 818313
District Court of Appeal of Florida | Filed: May 1, 2002 | Docket: 2567374
Cited 2 times | Published
fifty-five months in Florida State Prison. He filed a Rule 3.800(a) motion to correct an illegal sentence, alleging
Category: Criminal Procedure
816 So. 2d 1123, 2002 WL 83765
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2560185
Cited 2 times | Published
facially sufficient claim for jail credit under rule 3.800(a), a defendant seeking credit in an unrelated
Category: Criminal Procedure
804 So. 2d 507, 2001 WL 1644818
District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1699632
Cited 2 times | Published
Lee Lenoir appeals the summary denial of his rule 3.800 motion to correct an illegal sentence. We affirm
Category: Criminal Procedure
802 So. 2d 360, 2001 WL 1295405
District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 2579615
Cited 2 times | Published
claim finding that it was not cognizable in a rule 3.800(a) motion. We reverse.
Wilson has made a facially
Category: Criminal Procedure
802 So. 2d 361
District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1698885
Cited 2 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a). We affirm without comment the denial of his
Category: Criminal Procedure
790 So. 2d 1184, 2001 WL 815059
District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1737998
Cited 2 times | Published
file a facially sufficient motion pursuant to rule 3.800(a).
In Tidwell's second claim, she alleges that
Category: Criminal Procedure
790 So. 2d 516, 2001 WL 747459
District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 197025
Cited 2 times | Published
to correct illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
788 So. 2d 1073, 2001 WL 557629
District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 1286469
Cited 2 times | Published
limits is illegal and can be challenged under rule 3.800(a) if the error is discernable from the face
Category: Criminal Procedure
788 So. 2d 1073, 2001 WL 557629
District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 1286469
Cited 2 times | Published
limits is illegal and can be challenged under rule 3.800(a) if the error is discernable from the face
Category: Criminal Procedure
787 So. 2d 259, 2001 WL 557622
District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 2561389
Cited 2 times | Published
1993). His claim is facially insufficient as a rule 3.800(a) motion because he failed to assert that the
Category: Criminal Procedure
788 So. 2d 328, 2001 WL 543655
District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1685185
Cited 2 times | Published
subsequent to the date that the recent amendments to rule 3.800(b) became effective. See Amendments to Florida
Category: Criminal Procedure
782 So. 2d 992, 2001 WL 388065
District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 2576881
Cited 2 times | Published
CURIAM.
Appellant appeals an order denying his rule 3.800(a) motion to correct his sentence which alleged
Category: Criminal Procedure
782 So. 2d 948, 2001 WL 331905
District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 2566691
Cited 2 times | Published
trial court's order summarily denying his amended Rule 3.800(a) motion, which raises four grounds. One of
Category: Criminal Procedure
757 So. 2d 1273, 2000 WL 668986
District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1331504
Cited 2 times | Published
raise any appropriate claims for relief in a rule 3.800(a) motion to correct illegal sentence.
Next appellant
Category: Criminal Procedure
754 So. 2d 877, 2000 WL 370227
District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 431077
Cited 2 times | Published
errors in a sentencing guideline scoresheet, rule 3.800(a) may not be used to correct sentencing guideline
Category: Criminal Procedure
745 So. 2d 1007, 1999 WL 771381
District Court of Appeal of Florida | Filed: Sep 15, 1999 | Docket: 1689298
Cited 2 times | Published
court dismissed it as being successive of a prior rule 3.800 motion filed by Sanchez. We disagree with this
Category: Criminal Procedure
737 So. 2d 604, 1999 WL 496270
District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 376208
Cited 2 times | Published
prejudice to Spivey's ability to file a properly pled rule 3.800(a) motion in the trial court. State v. Mancino
Category: Criminal Procedure
734 So. 2d 519, 1999 WL 317480
District Court of Appeal of Florida | Filed: May 21, 1999 | Docket: 133163
Cited 2 times | Published
unsworn motion to correct his sentence. See Fla. R.Crim. P. 3.800(a). We affirm.
*520 In his motion Mr. Chico
Category: Criminal Procedure
734 So. 2d 468, 1999 WL 285889
District Court of Appeal of Florida | Filed: May 10, 1999 | Docket: 1730988
Cited 2 times | Published
a substantively identical motion, pursuant to rule 3.800(a), in 1997. The trial court denied the motion
Category: Criminal Procedure
732 So. 2d 1149, 1999 WL 201976
District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 460426
Cited 2 times | Published
1997). Section 924.051(3), Florida Statutes, and Rule 3.800(b) require defendants to preserve sentencing
Category: Criminal Procedure
728 So. 2d 1188, 1999 WL 110831
District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 781236
Cited 2 times | Published
imprisonment with no possibility of parole. He filed a rule 3.800(a) motion claiming that he is entitled to 283
Category: Criminal Procedure
722 So. 2d 211, 1998 WL 316558
District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 1241632
Cited 2 times | Published
sufficient to state a basis for relief under rule 3.800(a). The error is apparent on the face of the
Category: Criminal Procedure
717 So. 2d 128, 1998 WL 568331
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1681326
Cited 2 times | Published
Rule 9.140(d) was created in conjunction with Rule 3.800(b), which allows a defendant to file a motion
Category: Criminal Procedure
720 So. 2d 548, 1998 WL 466780
District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 584774
Cited 2 times | Published
motion to correct the sentence was filed. See Fla.R.Crim.P. 3.800(b). The issue is thus not preserved for appeal
Category: Criminal Procedure
711 So. 2d 1348, 1998 WL 316642
District Court of Appeal of Florida | Filed: Jun 15, 1998 | Docket: 1700390
Cited 2 times | Published
Appellant now appeals from the denial of his rule 3.800(a) motion. He argues that the trial court erred
Category: Criminal Procedure
711 So. 2d 100, 1998 WL 176682
District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1337319
Cited 2 times | Published
nonprejudicial. § 924.051, Fla. Stat.; Fla. R.Crim. P. 3.800(b). I would affirm the trial court's probation
Category: Criminal Procedure
709 So. 2d 629, 1998 WL 171431
District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 2578984
Cited 2 times | Published
raised at any time pursuant to rule 3.850 or rule 3.800(a), depending upon whether an evidentiary hearing
Category: Criminal Procedure
700 So. 2d 800, 1997 WL 673828
District Court of Appeal of Florida | Filed: Oct 29, 1997 | Docket: 1719817
Cited 2 times | Published
Nathaniel Moreland appeals the summary denial of his rule 3.800(a) motion for additional credit for jail time
Category: Criminal Procedure
698 So. 2d 1345, 1997 WL 564426
District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 2572304
Cited 2 times | Published
motion, filed on 16 February 1996, pursuant to rule 3.800, Florida Rules of Criminal Procedure, Moten alleged
Category: Criminal Procedure
688 So. 2d 947, 1997 WL 63645
District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 1508326
Cited 2 times | Published
after imposition of the June sentence. See Fla. R.Crim. P. 3.800(b)[1] ("A court may reduce or modify to
Category: Criminal Procedure
684 So. 2d 844
District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1482012
Cited 2 times | Published
hearing or within sixty days thereafter. Fla.R.Crim.P. 3.800(b); C.B.L. v. State, 682 So.2d 228 (Fla.
Category: Criminal Procedure
659 So. 2d 1344, 1995 WL 525662
District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 1748180
Cited 2 times | Published
administrative day. Syverson subsequently filed a rule 3.800 motion to correct the amended sentence, and the
Category: Criminal Procedure
657 So. 2d 938, 1995 WL 405717
District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 1857687
Cited 2 times | Published
credit. This appeal was filed pursuant to Fla.R.Crim.P. 3.800. Appellant argues that he is entitled to
Category: Criminal Procedure
645 So. 2d 188, 1994 WL 682863
District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 2585586
Cited 2 times | Published
correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the state's confession of error
Category: Criminal Procedure
643 So. 2d 1157, 1994 WL 539185
District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1493292
Cited 2 times | Published
court of March 24, 1994, denying appellant's rule 3.800 motion for correction of illegal sentence. On
Category: Criminal Procedure
627 So. 2d 592, 1993 WL 496063
District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 1530224
Cited 2 times | Published
involves similar considerations of fairness. Rule 3.800(a) has been approved for the correction of errors
Category: Criminal Procedure
606 So. 2d 470, 1992 WL 280386
District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 136359
Cited 2 times | Published
acknowledged the holding in Ree but relied on Fla.R.Crim.P. 3.800(a), which provides that "[a] court may at
Category: Criminal Procedure
586 So. 2d 1311, 1991 WL 194162
District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1487653
Cited 2 times | Published
this case can be granted pursuant to Rule 3.800(a). Rule 3.800(a) provides: "A court may at any time
Category: Criminal Procedure
557 So. 2d 630, 1990 WL 16880
District Court of Appeal of Florida | Filed: Feb 26, 1990 | Docket: 1512227
Cited 2 times | Published
incarcerated.
On February 1, 1989, Bolden filed a Fla. R.Crim.P. 3.800 motion to correct his sentence asserting
Category: Criminal Procedure
556 So. 2d 430, 1989 WL 153629
District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 2576086
Cited 2 times | Published
Appellant appeals an order denying his Fla.R.Crim.P. 3.800(a) motion to correct an illegal sentence
Category: Criminal Procedure
553 So. 2d 312, 1989 WL 145742
District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 63931
Cited 2 times | Published
State, 214 So.2d 632 (Fla. 2d DCA 1968); Fla.R.Crim.P. 3.800(b); § 924.06, Fla. Stat. (1987). Accordingly
Category: Criminal Procedure
400 So. 2d 519
District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1263121
Cited 2 times | Published
after which it is without jurisdiction. Fla.R.Crim.P. 3.800. But the rule is subject to constitutional
Category: Criminal Procedure
358 So. 2d 1093
District Court of Appeal of Florida | Filed: Feb 28, 1978 | Docket: 2512883
Cited 2 times | Published
jurisdiction to correct the illegal sentence. See Fla.R.Crim.P. 3.800(a), and see the principle of law in Perrin
Category: Criminal Procedure
271 So. 3d 1023
District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071943
Cited 1 times | Published
error that can be preserved via the filing of a
rule 3.800(b) motion.” Albarracin v. State, 112 So. 3d 574
Category: Criminal Procedure
267 So. 3d 449
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865456
Cited 1 times | Published
[April 3, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
267 So. 3d 535
District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819616
Cited 1 times | Published
Mr. Triatik’s appeal was pending, he filed a Rule
3.800(b)(2) motion contending, in part, that he was
Category: Criminal Procedure
273 So. 3d 97
District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 64716027
Cited 1 times | Published
motion to correct illegal sentence pursuant to rule 3.800(a) places the burden upon the defendant ... to
Category: Criminal Procedure
264 So. 3d 947
District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485203
Cited 1 times | Published
appellant’s rule 3.800(b)(2) motion, and thus,
it was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B)
Category: Criminal Procedure
259 So. 3d 317
District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425517
Cited 1 times | Published
(“Hatten II”).
King then filed another Rule 3.800(a) motion, again
contending that he could not
Category: Criminal Procedure
260 So. 3d 365
District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186510
Cited 1 times | Published
such an attack must be brought pursuant to
Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
263 So. 3d 114
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64702720
Cited 1 times | Published
fifth argument: the trial court's denial of his rule 3.800 motion was error because the trial court failed
Category: Criminal Procedure
254 So. 3d 1000
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804262
Cited 1 times | Published
unsuccessful, raising the issue on direct appeal or in a
rule 3.800(b)(2) motion. See Marshall v. State, 241 So.
Category: Criminal Procedure
251 So. 3d 333
District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7569517
Cited 1 times | Published
days, so the motion is deemed denied. See
Fla. R. Crim. P. 3.800(b)(2)(B). We agree with Lai on this point
Category: Criminal Procedure
251 So. 3d 333
District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7569517
Cited 1 times | Published
days, so the motion is deemed denied. See
Fla. R. Crim. P. 3.800(b)(2)(B). We agree with Lai on this point
Category: Criminal Procedure
249 So. 3d 734
District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096627
Cited 1 times | Published
602 (Fla. 2007), the claim is cognizable in a rule 3.800(a) motion. See also
Jackson v. State, 650 So
Category: Criminal Procedure
249 So. 3d 734
District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096627
Cited 1 times | Published
602 (Fla. 2007), the claim is cognizable in a rule 3.800(a) motion. See also
Jackson v. State, 650 So
Category: Criminal Procedure
245 So. 3d 962
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379295
Cited 1 times | Published
imprisonment for the aggravated
assault. In both rule 3.800(a) motions, the Appellant alleges that
the out-of-state
Category: Criminal Procedure
248 So. 3d 188
District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375141
Cited 1 times | Published
here, rule 3.800(a) does not authorize a
legal challenge to a conviction: “Because Rule 3.800 provides
Category: Criminal Procedure
248 So. 3d 188
District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375141
Cited 1 times | Published
here, rule 3.800(a) does not authorize a
legal challenge to a conviction: “Because Rule 3.800 provides
Category: Criminal Procedure
244 So. 3d 1173
District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368586
Cited 1 times | Published
reveals that Williams filed at least one prior rule
3.800(a) motion. In 2015, Williams filed a motion alleging
Category: Criminal Procedure
239 So. 3d 1289
District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354220
Cited 1 times | Published
was deemed denied by the trial court.
See Fla. R. Crim. P. 3.800(b)(2)(B).
3Wehave carefully
Category: Criminal Procedure
240 So. 3d 55
District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 6288193
Cited 1 times | Published
motion to correct illegal sentence pursuant to Rule
3.800(a), the trial court properly treated it as a
Category: Criminal Procedure
237 So. 3d 1059
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240844
Cited 1 times | Published
issue. The July 15, 2015 order denying Debose’s rule 3.800
motion reflects that the trial court denied relief
Category: Criminal Procedure
229 So. 3d 416
District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155335
Cited 1 times | Published
motion to correct illegal sentence pursuant to Rule 3.800(a), the trial court properly treated it as a
Category: Criminal Procedure
226 So. 3d 871, 2017 WL 3499924
District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 60276706
Cited 1 times | Published
order and the transcript from the hearing on the Rule 3.800(b)(2) motion. We supplement the record with both
Category: Criminal Procedure
225 So. 3d 319, 2017 WL 3045484, 2017 Fla. App. LEXIS 10411
District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122328
Cited 1 times | Published
the only remedy available to Brown is through a rule 3.800(a) motion. We agree. “A sentencing error may
Category: Criminal Procedure
224 So. 3d 252, 2017 WL 2960687, 2017 Fla. App. LEXIS 9983
District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088811
Cited 1 times | Published
without prejudice to the defendant to file a rule 3.800 motion with the trial court to address this issue
Category: Criminal Procedure
219 So. 3d 900, 2017 Fla. App. LEXIS 8962
District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60266973
Cited 1 times | Published
previously affirmed the denial of appellant’s rule 3.800(a) motion with a citation to Walton v. State
Category: Criminal Procedure
223 So. 3d 380, 2017 WL 2615844, 2017 Fla. App. LEXIS 8833
District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6075643
Cited 1 times | Published
imprisonment. Nedd, 855 So.2d at 665. Nedd argued in his rule 3.800(a) motion that his sentence was illegal because
Category: Criminal Procedure
219 So. 3d 233, 2017 WL 2131445, 2017 Fla. App. LEXIS 7018
District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062507
Cited 1 times | Published
year sentence cannot technically be illegal for Rule 3.800(a) purposes as it is not the kind of punishment
Category: Criminal Procedure
215 So. 3d 162, 2017 WL 1201879, 2017 Fla. App. LEXIS 4481
District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 60264613
Cited 1 times | Published
was error for a successor judge to rule on his rule 3.800(b)(2) motion and resentence him over his objection
Category: Criminal Procedure
208 So. 3d 1208, 2017 Fla. App. LEXIS 291
District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 60294190
Cited 1 times | Published
pleading requirements of the rule. At a minimum, a rule 3.800 motion should state where in the record the information
Category: Criminal Procedure
205 So. 3d 828, 2016 Fla. App. LEXIS 17225
District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540927
Cited 1 times | Published
violation. Although the trial court granted the rule 3.800(b) motion, on July 22, 2015, it did so outside
Category: Criminal Procedure
201 So. 3d 800, 2016 Fla. App. LEXIS 14948
District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 60257082
Cited 1 times | Published
claim of scoresheet error may be raised in a rule 3.800(b)(2) motion during appeal from a revocation
Category: Criminal Procedure
200 So. 3d 1285, 2016 Fla. App. LEXIS 14625, 2016 WL 5630684
District Court of Appeal of Florida | Filed: Sep 30, 2016 | Docket: 4469214
Cited 1 times | Published
denying the motion.
1
See
Fla. R. Crim. P. 3.800(a)(1);
Padilla-Padial v. State,
Category: Criminal Procedure
210 So. 3d 140, 2016 Fla. App. LEXIS 14119
District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 4423913
Cited 1 times | Published
(affirming postconviction court’s dismissal of a rule 3.800(a) motion filed by a public defender because
Category: Criminal Procedure
199 So. 3d 1071, 2016 Fla. App. LEXIS 12797, 2016 WL 4445938
District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256539
Cited 1 times | Published
Following his second appeal, Kopson filed a rule 3.800(a) motion, arguing that his 364-day sentence
Category: Criminal Procedure
199 So. 3d 1071, 2016 Fla. App. LEXIS 12797, 2016 WL 4445938
District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256539
Cited 1 times | Published
Following his second appeal, Kopson filed a rule 3.800(a) motion, arguing that his 364-day sentence
Category: Criminal Procedure
198 So. 3d 920, 2016 Fla. App. LEXIS 11521, 2016 WL 4063837
District Court of Appeal of Florida | Filed: Jul 29, 2016 | Docket: 4117365
Cited 1 times | Published
denying the motion as untimely and successive. Rule 3.800(a) provides that a motion to correct an illegal
Category: Criminal Procedure
197 So. 3d 1147, 2016 Fla. App. LEXIS 10361, 2016 WL 3606813
District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108984
Cited 1 times | Published
and it is deemed denied.
See
Fla. R. Crim. P. 3.800(b)(2)(B). The State properly con
Category: Criminal Procedure
197 So. 3d 1147, 2016 Fla. App. LEXIS 10361, 2016 WL 3606813
District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108984
Cited 1 times | Published
and it is deemed denied.
See
Fla. R. Crim. P. 3.800(b)(2)(B). The State properly con
Category: Criminal Procedure
192 So. 3d 687, 2016 WL 3127430, 2016 Fla. App. LEXIS 8478
District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069707
Cited 1 times | Published
appoint the Office of the Public Defender to file a rule 3.800(a) motion on Mr. Huffman’s behalf along the lines
Category: Criminal Procedure
191 So. 3d 423, 41 Fla. L. Weekly Supp. 209, 2016 WL 2586306, 2016 Fla. LEXIS 956
Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061090
Cited 1 times | Published
sentence; (2) the court ■ erred' in denying his rule 3.800(b)(2) motion to correct illegal sentence on the
Category: Criminal Procedure
189 So. 3d 946, 2016 Fla. App. LEXIS 4814, 2016 WL 1235576
District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049196
Cited 1 times | Published
sentence was not filed within the time specified by rule 3.800(b)(2).
At sentencing, the circuit court
Category: Criminal Procedure
186 So. 3d 1137, 2016 Fla. App. LEXIS 4226, 2016 WL 1077349
District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60253710
Cited 1 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a). We reverse and remand.
The appellant alleges
Category: Criminal Procedure
198 So. 3d 778, 2016 Fla. App. LEXIS 3030, 2016 WL 805153
District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040724
Cited 1 times | Published
2d 1129, 1130 (Fla. 2d DCA 2006) (citing Fla. R. Crim. P. 3.800(b)(2)). Although the State agreed with
Category: Criminal Procedure
218 So. 3d 911, 2016 Fla. App. LEXIS 702
District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029444
Cited 1 times | Published
HISTORY
In February 2010, Rolling filed a Rule 3.800(a) motion for postconviction relief, contending
Category: Criminal Procedure
182 So. 3d 889, 2016 Fla. App. LEXIS 361, 2016 WL 104355
District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60252826
Cited 1 times | Published
PER CURIAM.
Appellant filed a rule 3.800(a) motion asserting-that his sentence has been improperly enhanced
Category: Criminal Procedure
185 So. 3d 1169
Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 60294128
Cited 1 times | Published
Committee), to review the issue of successive rule 3.800(a) motions and the postconviction procedure forms
Category: Criminal Procedure
174 So. 3d 646, 2015 Fla. App. LEXIS 13990, 2015 WL 5514278
District Court of Appeal of Florida | Filed: Sep 21, 2015 | Docket: 60250449
Cited 1 times | Published
legally insufficient, and he thereafter denied the rule 3.800(c) motion. Appellant then filed a status report
Category: Criminal Procedure
189 So. 3d 848, 2015 Fla. App. LEXIS 13805, 2015 WL 5438546
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808050
Cited 1 times | Published
moved for correction of sentence pursuant to rule 3.800(b)(2), requesting that: 1) the written orders
Category: Criminal Procedure
190 So. 3d 118, 2015 Fla. App. LEXIS 13799
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808043
Cited 1 times | Published
probation after expiration of sixty-day period in rule 3.800(c), which allows court to “.reduce or modify
Category: Criminal Procedure
175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040
Cited 1 times | Published
rejected below and on appeal in Jackson’s prior rule 3.800(a) motions, he must establish manifest injustice
Category: Criminal Procedure
173 So. 3d 1117, 2015 Fla. App. LEXIS 12844, 2015 WL 5051137
District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250204
Cited 1 times | Published
800(b) to correct the sentence — is without merit. Rule 3.800(b) allows the State to file a motion “only if
Category: Criminal Procedure
172 So. 3d 989, 2015 Fla. App. LEXIS 12845, 2015 WL 5051156
District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250185
Cited 1 times | Published
a motion to correct a sentencing error under rule 3.800(b)(2). He argued that the reeord did not establish
Category: Criminal Procedure
168 So. 3d 348, 2015 Fla. App. LEXIS 10679, 2015 WL 4231705
District Court of Appeal of Florida | Filed: Jul 14, 2015 | Docket: 60248658
Cited 1 times | Published
effective January 13, 2000, a party may not file a rule 3.800(a) motion during the pen-dency of a direct appeal);
Category: Criminal Procedure
167 So. 3d 395, 40 Fla. L. Weekly Supp. 322, 2015 Fla. LEXIS 1278, 2015 WL 3617816
Supreme Court of Florida | Filed: Jun 11, 2015 | Docket: 2663937
Cited 1 times | Published
apply to post-conviction proceedings pursuant to rule 3.800(a), 3.850, 3.851, or 3.853. Nothing in this rule
Category: Criminal Procedure
169 So. 3d 170, 2015 Fla. App. LEXIS 8473, 2015 WL 3480319
District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679289
Cited 1 times | Published
J.
The defendant appeals an order denying his Rule 3.800(a) motion to correct an illegal sentence, in
Category: Criminal Procedure
165 So. 3d 33, 2015 WL 1955444
District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 2653947
Cited 1 times | Published
threatened her with a knife....
Mr. Plott filed a rule 3.800(a) motion to correct illegal sentence, challenging
Category: Criminal Procedure
160 So. 3d 520, 2015 Fla. App. LEXIS 4363, 2015 WL 1360814
District Court of Appeal of Florida | Filed: Mar 27, 2015 | Docket: 60246881
Cited 1 times | Published
as in the instant case, the defendant filed a rule 3.800(b)(2) motion challenging the probationary condition
Category: Criminal Procedure
162 So. 3d 283, 2015 Fla. App. LEXIS 3878, 2015 WL 1213890
District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642443
Cited 1 times | Published
sentence” which can be corrected at any time under rule 3.800(a).
See Wright v. State,
911 So.2d
Category: Criminal Procedure
157 So. 3d 528
District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634486
Cited 1 times | Published
calculated may be raised at any time pursuant to Rule 3.800(a) as long as the error is apparent
on
Category: Criminal Procedure
155 So. 3d 1248, 2015 Fla. App. LEXIS 1044, 2015 WL 340683
District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628648
Cited 1 times | Published
issue through this appeal.
See
Fla. R.Crim. P. 3.800(b)(1)(B). We review the legality of appellant’s
Category: Criminal Procedure
155 So. 3d 1193, 2014 Fla. App. LEXIS 19637, 2014 WL 6789901
District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610875
Cited 1 times | Published
and ordered restitution to the victim. In his rule 3.800(a) motion filed fifteen years after he was sentenced
Category: Criminal Procedure
151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526
Cited 1 times | Published
order was filed after the time permitted under rule 3.800(b)(2) for a party to serve a motion to correct
Category: Criminal Procedure
151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526
Cited 1 times | Published
order was filed after the time permitted under rule 3.800(b)(2) for a party to serve a motion to correct
Category: Criminal Procedure
149 So. 3d 1186, 2014 Fla. App. LEXIS 17868, 2014 WL 5486879
District Court of Appeal of Florida | Filed: Oct 31, 2014 | Docket: 60243782
Cited 1 times | Published
of which were properly preserved by a timely Rule 3.800(b)(2) motion. Appellant first contends that his
Category: Criminal Procedure
152 So. 3d 20, 2014 Fla. App. LEXIS 17614, 2014 WL 5462519
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244921
Cited 1 times | Published
the postconviction court’s denial of Mazer’s rule 3.800(a) motion.
Affirmed.
MORRIS and BLACK, JJ., Concur
Category: Criminal Procedure
149 So. 3d 662, 39 Fla. L. Weekly Supp. 640, 2014 Fla. LEXIS 3067, 2014 WL 5285860
Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1451897
Cited 1 times | Published
the illegal sentence definition developed under rule 3.800.
For the reasons expressed in my dissent in McMahon
Category: Criminal Procedure
148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405
Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947
Cited 1 times | Published
scoresheet. Id. The trial court orally denied
the rule 3.800(b)(2) motion and again failed to enter written
Category: Criminal Procedure
150 So. 3d 249
District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310317
Cited 1 times | Published
correct any illegality of the sentence pursuant to rule 3.800(b), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
147 So. 3d 665, 2014 Fla. App. LEXIS 14608, 2014 WL 4648178
District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60243308
Cited 1 times | Published
motions that defendants formerly filed under either rule 3.800(a) or 3.850. See generally In re Amendments to
Category: Criminal Procedure
147 So. 3d 665, 2014 Fla. App. LEXIS 14608, 2014 WL 4648178
District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60243308
Cited 1 times | Published
motions that defendants formerly filed under either rule 3.800(a) or 3.850. See generally In re Amendments to
Category: Criminal Procedure
160 So. 3d 459, 2014 Fla. App. LEXIS 14260, 2014 WL 4494314
District Court of Appeal of Florida | Filed: Sep 12, 2014 | Docket: 1223445
Cited 1 times | Published
without prejudice to Shuler to file a motion under rule 3.800(a).
See Toye v. State,
133 So.3d 540
Category: Criminal Procedure
146 So. 3d 1266, 2014 Fla. App. LEXIS 14196, 2014 WL 4471652
District Court of Appeal of Florida | Filed: Sep 12, 2014 | Docket: 60242835
Cited 1 times | Published
timely post-sentencing procedure pursuant to rule 3.800.” Dunbar v. State, 35 So.3d 54, 55 (Fla. 5th
Category: Criminal Procedure
145 So. 3d 948, 2014 Fla. App. LEXIS 13096, 2014 WL 4115902
District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60242786
Cited 1 times | Published
the trial court erred in granting the State’s rule 3.800(a) motion to correct an illegal sentence by reducing
Category: Criminal Procedure
149 So. 3d 72, 2014 WL 4082600, 2014 Fla. App. LEXIS 12817
District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120017
Cited 1 times | Published
establish an illegal sentence for purposes of rule 3.800(a). Instead, the defendant has sought a procedurally-barred
Category: Criminal Procedure
141 So. 3d 626, 2014 WL 2480080, 2014 Fla. App. LEXIS 8511
District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241974
Cited 1 times | Published
PER CURIAM.
The denial of appellant’s rule 3.800(a) motion is affirmed without prejudice for him to
Category: Criminal Procedure
139 So. 3d 948, 2014 WL 2197750, 2014 Fla. App. LEXIS 8094
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241246
Cited 1 times | Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
141 So. 3d 611, 2014 WL 2197627, 2014 Fla. App. LEXIS 8091
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241964
Cited 1 times | Published
months’ imprisonment. Thereafter, appellant filed a Rule 3.800(b) motion to correct his sentence and, in response
Category: Criminal Procedure
138 So. 3d 1140, 2014 WL 2006667, 2014 Fla. App. LEXIS 7340
District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60240502
Cited 1 times | Published
filed a motion to mitigate his sentence under rule 3.800(c). Robertson scheduled a hearing on the motion
Category: Criminal Procedure
193 So. 3d 1, 2014 WL 1908750, 2014 Fla. App. LEXIS 7117
District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60255579
Cited 1 times | Published
of a vindictive sentence cannot be raised in a rule 3.800(a) motion. Reese v. State, 896 So.2d 807, 807
Category: Criminal Procedure
133 So. 3d 1232, 2014 WL 1016204, 2014 Fla. App. LEXIS 3510
District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238737
Cited 1 times | Published
Because Filppula’s counsel failed to file such a rule 3.800(b) motion, we affirm.
The written sentence reflects
Category: Criminal Procedure
133 So. 3d 1186, 2014 WL 895612, 2014 Fla. App. LEXIS 3337
District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238718
Cited 1 times | Published
defender’s objection at the hearing. See Fla. R. Crim. P. 3.800 (court cmt.) (“A motion pursuant to this
Category: Criminal Procedure
161 So. 3d 412, 2014 Fla. App. LEXIS 2376, 2014 WL 685128
District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247130
Cited 1 times | Published
previously raised the issue in a January 2012 rule 3.800(a) motion.
However, in his January 2012 motion
Category: Criminal Procedure
132 So. 3d 887, 2014 Fla. App. LEXIS 1668, 2014 WL 486144
District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238566
Cited 1 times | Published
motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a).
Affirmed.
DAVIS, C.J., and ALTENBERND
Category: Criminal Procedure
132 So. 3d 363, 2014 WL 482483, 2014 Fla. App. LEXIS 1748
District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238439
Cited 1 times | Published
jeopardy violation that can be remedied pursuant to rule 3.800(a) if it is apparent from the face of the record
Category: Criminal Procedure
129 So. 3d 469, 2014 WL 28204, 2014 Fla. App. LEXIS 97
District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237411
Cited 1 times | Published
term. On February 2, 2012, Wheeler filed this rule 3.800(a) motion, challenging his HVFO status and the
Category: Criminal Procedure
128 So. 3d 209, 2013 Fla. App. LEXIS 19584, 2013 WL 6481020
District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237032
Cited 1 times | Published
downward departure at sentencing, nor filed a Rule 3.800(b) motion to correct sentence).
Accordingly,
Category: Criminal Procedure
125 So. 3d 327, 2013 WL 5676472, 2013 Fla. App. LEXIS 16704
District Court of Appeal of Florida | Filed: Oct 18, 2013 | Docket: 60235839
Cited 1 times | Published
As such, appellate counsel’s failure to file a rule 3.800(b)(2) motion to correct the sentencing error
Category: Criminal Procedure
123 So. 3d 665, 2013 WL 5628684, 2013 Fla. App. LEXIS 16395
District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235151
Cited 1 times | Published
treated his petition as a motion filed under Rule 3.800. We agree in part.
The first issue raised in
Category: Criminal Procedure
123 So. 3d 147, 2013 WL 5630033, 2013 Fla. App. LEXIS 16470
District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234991
Cited 1 times | Published
raised in a motion filed on the authority of rule 3.800(a), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
120 So. 3d 144, 2013 WL 4436605, 2013 Fla. App. LEXIS 13034
District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233922
Cited 1 times | Published
this appeal as an appeal of an order denying a rule 3.800 motion.
Following a jury trial, appellant was
Category: Criminal Procedure
121 So. 3d 1083, 2013 WL 4007070, 2013 Fla. App. LEXIS 12344
District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234312
Cited 1 times | Published
barred for two reasons: 1) it was also filed under Rule 3.800 which does not have a time limit, and 2) there
Category: Criminal Procedure
118 So. 3d 930, 2013 WL 3982890, 2013 Fla. App. LEXIS 12281
District Court of Appeal of Florida | Filed: Aug 5, 2013 | Docket: 60233481
Cited 1 times | Published
Appellant’s motion to correct his sentence. See Fla. R.Crim. P. 3.800(b)(2).
Appellant was charged with four counts
Category: Criminal Procedure
120 So. 3d 49, 2013 WL 3811679, 2013 Fla. App. LEXIS 11598
District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234133
Cited 1 times | Published
(2000), arose when Hughes filed a motion under Rule 3.800(a) to correct an illegal sentence within two
Category: Criminal Procedure
115 So. 3d 1046, 2013 WL 2420362, 2013 Fla. App. LEXIS 8840
District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60232062
Cited 1 times | Published
affirm the trial court’s denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
114 So. 3d 418, 2013 WL 2359074, 2013 Fla. App. LEXIS 8590
District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231917
Cited 1 times | Published
motion to correct an illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Upon
Category: Criminal Procedure
115 So. 3d 1021, 2013 WL 2232316, 2013 Fla. App. LEXIS 8219
District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60232050
Cited 1 times | Published
it is considered to have been denied. Fla. R. Crim. P. 3.800(b)(2)(B).
We first find the trial court
Category: Criminal Procedure
112 So. 3d 693, 2013 WL 1859186, 2013 Fla. App. LEXIS 7289
District Court of Appeal of Florida | Filed: May 6, 2013 | Docket: 60231225
Cited 1 times | Published
deemed denied as to these two cases. See Fla. R.Crim. P. 3.800(b)(2)(B); Gallegos v. State, 63 So.3d 20
Category: Criminal Procedure
112 So. 3d 616, 2013 WL 1748950, 2013 Fla. App. LEXIS 6567
District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231187
Cited 1 times | Published
(b)(1) or during the pendency of a direct appeal,” rule 3.800(b) specifically provides a mechanism for the
Category: Criminal Procedure
125 So. 3d 876, 2013 WL 1748531, 2013 Fla. App. LEXIS 6563
District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236104
Cited 1 times | Published
4D11-2678.
On August 9, 2011, appellant filed a Rule 3.800(a) motion to correct illegal sentence that attempted
Category: Criminal Procedure
108 So. 3d 1157, 2013 WL 1165058, 2013 Fla. App. LEXIS 4766
District Court of Appeal of Florida | Filed: Mar 22, 2013 | Docket: 60229007
Cited 1 times | Published
Accordingly, we reverse the order denying Appellant’s rule 3.800(a) motion, and remand for the trial court to
Category: Criminal Procedure
109 So. 3d 311, 2013 WL 1003597, 2013 Fla. App. LEXIS 4185
District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60229560
Cited 1 times | Published
Rule of Criminal Procedure 3.800(b)(2). However, rule 3.800(b)(2) motions allow for correction of errors
Category: Criminal Procedure
110 So. 3d 479, 2013 WL 949846, 2013 Fla. App. LEXIS 3965
District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60230308
Cited 1 times | Published
with the oral pronouncement can be raised in a Rule 3.800(a) motion. The court explained:
However, since
Category: Criminal Procedure
108 So. 3d 1127, 2013 WL 842844, 2013 Fla. App. LEXIS 3746
District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60228982
Cited 1 times | Published
Warren Williams, appeals the order striking his rule 3.800(a) motion to correct an illegal sentence in Orange
Category: Criminal Procedure
125 So. 3d 243, 2013 WL 692118, 2013 Fla. App. LEXIS 3195
District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60235805
Cited 1 times | Published
Yves Noel appeals an order summarily denying his rule 3.800(a) motion. He claims that his sentence for delivery
Category: Criminal Procedure
107 So. 3d 1228, 2013 WL 646262, 2013 Fla. App. LEXIS 2938
District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228609
Cited 1 times | Published
and sentence, he filed several motions under rule 3.800(a) and rule 3.850, the denials of which were
Category: Criminal Procedure
107 So. 3d 1229, 2013 WL 646650, 2013 Fla. App. LEXIS 2965
District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228610
Cited 1 times | Published
and sentence.
On June 18, 2012, Dortly filed a rule 3.800(a) motion in which he alleged that he was not
Category: Criminal Procedure
110 So. 3d 931, 2013 WL 614247, 2013 Fla. App. LEXIS 2781
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60230523
Cited 1 times | Published
unconstitutional under Graham, and it granted the rule 3.800(a) motion and scheduled a re-sentencing hearing
Category: Criminal Procedure
110 So. 3d 469, 2013 WL 541133, 2013 Fla. App. LEXIS 2296
District Court of Appeal of Florida | Filed: Feb 14, 2013 | Docket: 60230300
Cited 1 times | Published
sentences imposed after the trial court granted a rule 3.800(b) motion to correct scoresheet error and resen-tenced
Category: Criminal Procedure
115 So. 3d 1014, 2013 WL 513728, 2013 Fla. App. LEXIS 2243
District Court of Appeal of Florida | Filed: Feb 13, 2013 | Docket: 60232045
Cited 1 times | Published
conviction or sentence shall be made through a Rule 3.800 or Rule 3.850 motion. Bradley v. Tucker, 95 So
Category: Criminal Procedure
134 So. 3d 1044, 2013 WL 363368, 2013 Fla. App. LEXIS 1501
District Court of Appeal of Florida | Filed: Jan 31, 2013 | Docket: 60239005
Cited 1 times | Published
appellate review by a contemporaneous objection or a rule 3.800(b)(2) motion.5 See Jackson v. State, 983 So.2d
Category: Criminal Procedure
105 So. 3d 642, 2013 WL 264275, 2013 Fla. App. LEXIS 1023, 38 Fla. L. Weekly Fed. D 193
District Court of Appeal of Florida | Filed: Jan 24, 2013 | Docket: 60227938
Cited 1 times | Published
sentencing error.” The record contains no such order.
Rule 3.800(b)(2)(B) provides that a motion to correct sentencing
Category: Criminal Procedure
104 So. 3d 1226, 2012 Fla. App. LEXIS 21609, 2012 WL 6554699
District Court of Appeal of Florida | Filed: Dec 17, 2012 | Docket: 60227372
Cited 1 times | Published
Appellant seeks review of the denial of his rule 3.800(a) motion in which he claimed that his upward
Category: Criminal Procedure
127 So. 3d 572, 2012 WL 5870008, 2012 Fla. App. LEXIS 20200
District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60236757
Cited 1 times | Published
4D11-4688, appellant appeals the denial of a Rule 3.800(a) motion. He claims that his score-sheet was
Category: Criminal Procedure
128 So. 3d 41, 2012 WL 5416449, 2012 Fla. App. LEXIS 19210
District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60237082
Cited 1 times | Published
comment, the trial court’s denial of Baker’s Rule 3.800 motion. However, we note that Baker’s mo*42tion
Category: Criminal Procedure
100 So. 3d 201, 2012 Fla. App. LEXIS 18767, 2012 WL 5275473
District Court of Appeal of Florida | Filed: Oct 26, 2012 | Docket: 60225697
Cited 1 times | Published
634 (Fla. 1st DCA 2011) (reversing order on rule 3.800(a) motion and remanding for further proceedings
Category: Criminal Procedure
98 So. 3d 210, 2012 Fla. App. LEXIS 16168, 2012 WL 4448877
District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312232
Cited 1 times | Published
defendant appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
98 So. 3d 198, 2012 WL 4222148, 2012 Fla. App. LEXIS 15872
District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312209
Cited 1 times | Published
sentence imposed pursuant to a plea agreement in a rule 3.800(a) motion,
he is actually challenging the terms
Category: Criminal Procedure
98 So. 3d 1215, 2012 WL 4094276, 2012 Fla. App. LEXIS 15543
District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312134
Cited 1 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rule of Criminal Procedure. See Byers
Category: Criminal Procedure
126 So. 3d 1176, 2012 WL 3587004, 2012 Fla. App. LEXIS 14006
District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60236212
Cited 1 times | Published
unpublished opinion affirmed the denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. We issued
Category: Criminal Procedure
96 So. 3d 989, 2012 Fla. App. LEXIS 13357, 2012 WL 3235242
District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311619
Cited 1 times | Published
required to appeal from earlier order granting rule 3.800 motion because judicial labor was not complete
Category: Criminal Procedure
95 So. 3d 413, 2012 WL 3192772, 2012 Fla. App. LEXIS 13194
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311218
Cited 1 times | Published
CURIAM.
Leroy Hudson appeals the denial of his rule 3.800(a) motion, as well as the trial court’s order
Category: Criminal Procedure
93 So. 3d 1167, 2012 WL 3115052, 2012 Fla. App. LEXIS 12599
District Court of Appeal of Florida | Filed: Aug 2, 2012 | Docket: 60310472
Cited 1 times | Published
there is no bar to a successive motion under rule 3.800(a) because an illegal sentence may be corrected
Category: Criminal Procedure
92 So. 3d 893, 2012 WL 2936359, 2012 Fla. App. LEXIS 11767
District Court of Appeal of Florida | Filed: Jul 20, 2012 | Docket: 60310378
Cited 1 times | Published
of the record, the issue may be decided in a rule 3.800(a) motion. Id.
Hartman’s motion is insufficient
Category: Criminal Procedure
90 So. 3d 998, 2012 WL 2549848, 2012 Fla. App. LEXIS 10676
District Court of Appeal of Florida | Filed: Jul 3, 2012 | Docket: 60309757
Cited 1 times | Published
her petition for writ of certiorari. See Fla. R.Crim. P. 3.800(c) (providing in part that a court may reduce
Category: Criminal Procedure
91 So. 3d 212, 2012 Fla. App. LEXIS 9791, 2012 WL 2217038
District Court of Appeal of Florida | Filed: Jun 18, 2012 | Docket: 60309842
Cited 1 times | Published
out-of-state jail credit is not cognizable in a rule 3.800(a) motion; such a claim must be raised either
Category: Criminal Procedure
89 So. 3d 293, 2012 WL 1956543, 2012 Fla. App. LEXIS 8804
District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308758
Cited 1 times | Published
his motion for jail credit filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
86 So. 3d 1247, 2012 WL 1557329, 2012 Fla. App. LEXIS 7006, 37 Fla. L. Weekly Fed. D 1093
District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60307603
Cited 1 times | Published
case number 04-009120.
King filed the present rule 3.800(a) motion seeking 269 days of jail credit in
Category: Criminal Procedure
86 So. 3d 1247, 2012 WL 1557329, 2012 Fla. App. LEXIS 7006, 37 Fla. L. Weekly Fed. D 1093
District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60307603
Cited 1 times | Published
case number 04-009120.
King filed the present rule 3.800(a) motion seeking 269 days of jail credit in
Category: Criminal Procedure
86 So. 3d 1179, 2012 WL 1440603, 2012 Fla. App. LEXIS 6599
District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307572
Cited 1 times | Published
motion to correct an illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. Termitas
Category: Criminal Procedure
86 So. 3d 1160, 2012 WL 1414457, 2012 Fla. App. LEXIS 6371
District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60307563
Cited 1 times | Published
sentence filed pursuant to Rule 3.850 and/or Rule 3.800(a), Fla. R.Crim. P. For the reasons stated below
Category: Criminal Procedure
88 So. 3d 288, 2012 WL 1290965, 2012 Fla. App. LEXIS 5817
District Court of Appeal of Florida | Filed: Apr 17, 2012 | Docket: 60308221
Cited 1 times | Published
court’s denial of the appellant’s Motion under Rule 3.800, Florida Rules of Criminal Procedure, in which
Category: Criminal Procedure
82 So. 3d 1209, 2012 WL 954085, 2012 Fla. App. LEXIS 4481
District Court of Appeal of Florida | Filed: Mar 22, 2012 | Docket: 2415685
Cited 1 times | Published
is GRANTED, the order dismissing petitioner's rule 3.800(c) motion is QUASHED, and the matter is REMANDED
Category: Criminal Procedure
82 So. 3d 192, 2012 WL 833089, 2012 Fla. App. LEXIS 4104
District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2574122
Cited 1 times | Published
for Appellee.
PER CURIAM.
The appellant filed a rule 3.800(a) motion arguing that the trial court improperly
Category: Criminal Procedure
82 So. 3d 185, 2012 WL 768253, 2012 Fla. App. LEXIS 3853
District Court of Appeal of Florida | Filed: Mar 12, 2012 | Docket: 174631
Cited 1 times | Published
in case 10-5288. The denial of the appellant's rule 3.800(b)(2) motion will be reviewed in that case.
DISMISSED
Category: Criminal Procedure
82 So. 3d 1101, 2012 WL 336546, 2012 Fla. App. LEXIS 1403
District Court of Appeal of Florida | Filed: Feb 3, 2012 | Docket: 1328777
Cited 1 times | Published
to any right Mr. Ingraham may have to file a rule 3.800(a) motion. See Woodard v. State, 6 So.3d 726
Category: Criminal Procedure
78 So. 3d 675, 2012 Fla. App. LEXIS 983, 2012 WL 204295
District Court of Appeal of Florida | Filed: Jan 25, 2012 | Docket: 12542
Cited 1 times | Published
Atticus E. Jones appeals the summary denial of his Rule 3.800(a) motion, which challenged the sufficiency of
Category: Criminal Procedure
78 So. 3d 641, 2011 Fla. App. LEXIS 20889, 2011 WL 6843014
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 1046473
Cited 1 times | Published
Michael Kline appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence. Because
Category: Criminal Procedure
76 So. 3d 406, 2011 Fla. App. LEXIS 20844, 2011 WL 6936190
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 248067
Cited 1 times | Published
Thus, Mr. Schlumpf cannot make this claim under rule 3.800(a). See Ericson v. State, 932 So.2d 311, 311
Category: Criminal Procedure
89 So. 3d 909, 2011 Fla. App. LEXIS 20908, 2011 WL 6849649
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60308847
Cited 1 times | Published
commission of the charged offenses.
Pursuant to Rule 3.800(b)(2) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
89 So. 3d 909, 2011 Fla. App. LEXIS 20908, 2011 WL 6849649
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60308847
Cited 1 times | Published
commission of the charged offenses.
Pursuant to Rule 3.800(b)(2) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
77 So. 3d 807, 2011 Fla. App. LEXIS 20640, 2011 WL 6783159
District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 448655
Cited 1 times | Published
credit.
As this argument is not cognizable under a rule 3.800(a) motion, we affirm without prejudice for the
Category: Criminal Procedure
75 So. 3d 850, 2011 Fla. App. LEXIS 20059, 2011 WL 6264354
District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60303964
Cited 1 times | Published
improper upward departure sentence by filing a rule 3.800(b)(2) motion); Powanda v. State, 8 So.3d 1230
Category: Criminal Procedure
74 So. 3d 1135, 2011 Fla. App. LEXIS 18954, 2011 WL 5964565
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2353381
Cited 1 times | Published
motion for additional jail credit pursuant to rule 3.800(a). In the prior order entered in 2010, the postconviction
Category: Criminal Procedure
74 So. 3d 1131, 2011 Fla. App. LEXIS 18410, 2011 WL 5598334
District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2547917
Cited 1 times | Published
rendered on the motion within the time permitted by rule 3.800(b), Florida Rules of Criminal Procedure, the
Category: Criminal Procedure
73 So. 3d 821, 2011 Fla. App. LEXIS 16740, 2011 WL 5108636
District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 2577911
Cited 1 times | Published
2011).
On April 7, 2011, Barthelemy filed his rule 3.800(c) motion to mitigate sentence. The trial court
Category: Criminal Procedure
72 So. 3d 222, 2011 Fla. App. LEXIS 15698, 2011 WL 4578547
District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 60303221
Cited 1 times | Published
to correct illegal sentence in accordance with rule 3.800(a). The State conceded that the sentence was
Category: Criminal Procedure
69 So. 3d 1041, 2011 Fla. App. LEXIS 14649, 36 Fla. L. Weekly Fed. D 2060
District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2359956
Cited 1 times | Published
imprisonment concurrent on each count. He filed a rule 3.800(a) motion alleging that the fifty-year sentences
Category: Criminal Procedure
65 So. 3d 1211, 2011 Fla. App. LEXIS 12140, 2011 WL 3303478
District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60301661
Cited 1 times | Published
supplement or amend. We also affirm the denial of the rule 3.800(a) motion without prejudice to any right Blackwell
Category: Criminal Procedure
802 F. Supp. 2d 1289, 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040
District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 65975126
Cited 1 times | Published
Court of Appeal denied his request to file a Rule 3.800(b)(2) motion. (Id. at 30) In response, the State
Category: Criminal Procedure
93 So. 3d 328, 2011 WL 8183044
District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60310543
Cited 1 times | Published
and remand for further proceedings as to the rule 3.800(a) claim because the record reflects that Butler
Category: Criminal Procedure
93 So. 3d 328, 2011 WL 8183044
District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60310543
Cited 1 times | Published
and remand for further proceedings as to the rule 3.800(a) claim because the record reflects that Butler
Category: Criminal Procedure
61 So. 3d 497, 2011 Fla. App. LEXIS 8050, 2011 WL 2135516
District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60300493
Cited 1 times | Published
sixty days so it is deemed denied. See Fla. R.Crim. P. 3.800(b)(1). Because the trial court should have
Category: Criminal Procedure
62 So. 3d 1171, 2011 Fla. App. LEXIS 8067, 2011 WL 2135643
District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2360860
Cited 1 times | Published
Broward County circuit court, summarily denying his rule 3.800(a) motion to correct illegal sentence, seeking
Category: Criminal Procedure
65 So. 3d 52, 2011 Fla. App. LEXIS 7985, 2011 WL 2091143
District Court of Appeal of Florida | Filed: May 27, 2011 | Docket: 2585818
Cited 1 times | Published
time limit associated with invoking that right. Rule 3.800(a) requires that all orders denying motions under
Category: Criminal Procedure
62 So. 3d 1148, 2011 Fla. App. LEXIS 7428, 2011 WL 1938243
District Court of Appeal of Florida | Filed: May 23, 2011 | Docket: 2533327
Cited 1 times | Published
sentence."). Moreover, a facially sufficient rule 3.800(a) motion for jail credit must: (1) provide the
Category: Criminal Procedure
61 So. 3d 481, 2011 Fla. App. LEXIS 7381, 2011 WL 1878114
District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2523780
Cited 1 times | Published
Affirmed, without prejudice to appellant filing a Rule 3.800(a) motion which alleges where in the record the
Category: Criminal Procedure
70 So. 3d 634, 2011 WL 1820846
District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 2534929
Cited 1 times | Published
Appellant's claim.
On appeal from an order denying a rule 3.800 motion, this Court is required to reverse unless
Category: Criminal Procedure
61 So. 3d 1204, 2011 Fla. App. LEXIS 6607, 2011 WL 1760431
District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300394
Cited 1 times | Published
Motion to Correct an Illegal Sentence pursuant to Rule 3.800(a), *1205Florida Rules of Criminal Procedure
Category: Criminal Procedure
63 So. 3d 824, 2011 Fla. App. LEXIS 6428, 2011 WL 1705596
District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2554653
Cited 1 times | Published
(2000). Therefore, the order denying McDuffie's rule 3.800(a) motion is affirmed, even though the trial
Category: Criminal Procedure
60 So. 3d 563, 2011 Fla. App. LEXIS 6436, 2011 WL 1707238
District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300281
Cited 1 times | Published
(Fla. 2d DCA 2003) (affirming the denial of a rule 3.800(a) motion because the record indicated that the
Category: Criminal Procedure
63 So. 3d 20, 2011 Fla. App. LEXIS 5187, 2011 WL 1377067
District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 574635
Cited 1 times | Published
days of filing or it is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B). However, it did not issue an order
Category: Criminal Procedure
57 So. 3d 268, 2011 Fla. App. LEXIS 3978, 2011 WL 1080677
District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60298988
Cited 1 times | Published
TORPY, J.
In this rule 3.800 jail credit case, Appellant made a claim that he had been shorted two days
Category: Criminal Procedure
56 So. 3d 905, 2011 Fla. App. LEXIS 3574, 2011 WL 917531
District Court of Appeal of Florida | Filed: Mar 18, 2011 | Docket: 2545427
Cited 1 times | Published
finding his claims were not cognizable in a rule 3.800(a) motion. We reverse.
To the extent that Hill's
Category: Criminal Procedure
59 So. 3d 193, 2011 Fla. App. LEXIS 3478, 2011 WL 890879
District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299626
Cited 1 times | Published
motion, which could have been considered under Rule 3.800(a), that claim was rejected on direct appeal
Category: Criminal Procedure
54 So. 3d 622, 2011 Fla. App. LEXIS 2214, 36 Fla. L. Weekly Fed. D 397
District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 60298355
Cited 1 times | Published
timeliness of the trial court's order denying his rule 3.800(b)(2) motion. We see no need to address this
Category: Criminal Procedure
54 So. 3d 1031, 2011 Fla. App. LEXIS 555, 2011 WL 222285
District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2407314
Cited 1 times | Published
followed by ten years of probation. Linder filed a rule 3.800(a) motion to correct an illegal sentence, asserting
Category: Criminal Procedure
52 So. 3d 830, 2011 Fla. App. LEXIS 554, 2011 WL 222269
District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297853
Cited 1 times | Published
Appellant raised the identical issue in a prior rule 3.800 motion that was fully litigated and denied by
Category: Criminal Procedure
51 So. 3d 598, 2011 Fla. App. LEXIS 21, 2011 WL 43492
District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 2406386
Cited 1 times | Published
years' prison with all prior jail credit.
In his rule 3.800(a) motion, Williams alleged that he was only
Category: Criminal Procedure
49 So. 3d 865, 2010 Fla. App. LEXIS 19451, 2010 WL 5174347
District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 60296875
Cited 1 times | Published
affirm the circuit court’s denial of Harris’s rule 3.800(a) motion to *866correct an illegal sentence
Category: Criminal Procedure
50 So. 3d 85, 2010 Fla. App. LEXIS 19013, 2010 WL 5114728
District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2568229
Cited 1 times | Published
The appellant has filed a facially sufficient rule 3.800(a) motion stating that in November 2009 he was
Category: Criminal Procedure
50 So. 3d 1153, 2010 Fla. App. LEXIS 18310, 2010 WL 4861756
District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2542408
Cited 1 times | Published
affirm the trial court's order denying appellant's Rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
47 So. 3d 377, 2010 Fla. App. LEXIS 17185, 2010 WL 4536842
District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2550594
Cited 1 times | Published
post-conviction *378 motion filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
44 So. 3d 1204, 2010 Fla. App. LEXIS 14491, 2010 WL 3766888
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2547949
Cited 1 times | Published
627 (Fla. 4th DCA 2006) (affirming dismissal of rule 3.800(a) motion that should have been denied on the
Category: Criminal Procedure
46 So. 3d 84, 2010 Fla. App. LEXIS 14023, 2010 WL 3655740
District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 490646
Cited 1 times | Published
627 (Fla. 4th DCA 2006) (affirming dismissal of rule 3.800(a) motion that should have been denied on the
Category: Criminal Procedure
44 So. 3d 209, 2010 Fla. App. LEXIS 13730, 2010 WL 3602838
District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 17921
Cited 1 times | Published
and SAWAYA, J., concur.
NOTES
[1] See Fla. R.Crim. P. 3.800(a).
[2] See § 775.082(9), Fla. Stat. (2008)
Category: Criminal Procedure
42 So. 3d 914, 2010 Fla. App. LEXIS 12210, 2010 WL 3270977
District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2400400
Cited 1 times | Published
days, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B). The trial court subsequently entered
Category: Criminal Procedure
42 So. 3d 848, 2010 Fla. App. LEXIS 11455, 2010 WL 3056651
District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 390332
Cited 1 times | Published
to the Appellant to file a legally sufficient rule 3.800(a) motion that affirmatively demonstrates from
Category: Criminal Procedure
42 So. 3d 846, 2010 Fla. App. LEXIS 11439, 2010 WL 3056597
District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1647465
Cited 1 times | Published
State, 990 So.2d 494 (Fla.2008) (holding that rule 3.800(a) motion may be used to challenge sexual predator
Category: Criminal Procedure
42 So. 3d 291, 2010 Fla. App. LEXIS 11296, 2010 WL 3023038
District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2353872
Cited 1 times | Published
that the motion was considered denied. Fla. R.Crim. P. 3.800(b)(2)(B) & 3.800(b)(1)(B) *293 (2008). The
Category: Criminal Procedure
41 So. 3d 988, 2010 Fla. App. LEXIS 11274, 2010 WL 3023275
District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2570145
Cited 1 times | Published
SUAREZ, JJ.
PER CURIAM.
The denial of Appellant's Rule 3.800(a) motion is affirmed without prejudice to the
Category: Criminal Procedure
41 So. 3d 332, 2010 Fla. App. LEXIS 10527, 2010 WL 2813480
District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 60295212
Cited 1 times | Published
PER CURIAM.
The appellant has filed a rule 3.800(a) motion asserting that his habitual violent felony
Category: Criminal Procedure
41 So. 3d 332, 2010 Fla. App. LEXIS 10527, 2010 WL 2813480
District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 60295212
Cited 1 times | Published
PER CURIAM.
The appellant has filed a rule 3.800(a) motion asserting that his habitual violent felony
Category: Criminal Procedure
37 So. 3d 991, 2010 Fla. App. LEXIS 9873, 2010 WL 2679976
District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 365526
Cited 1 times | Published
PER CURIAM.
Metaxotos appeals the denial of his rule 3.800(a) motion to correct illegal sentence. He concedes
Category: Criminal Procedure
39 So. 3d 364, 2010 Fla. App. LEXIS 8246, 2010 WL 2326068
District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 60294870
Cited 1 times | Published
prison releasee reoffender (PRR).1 He then filed a rule 3.800(a) motion, contending that he was erroneously
Category: Criminal Procedure
37 So. 3d 912, 2010 Fla. App. LEXIS 7815, 2010 WL 2178730
District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 2555096
Cited 1 times | Published
served is cognizable as a motion filed pursuant to rule 3.800(a) provided the claim can be determined from
Category: Criminal Procedure
36 So. 3d 810, 2010 Fla. App. LEXIS 7428, 2010 WL 2079667
District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1364785
Cited 1 times | Published
Appellee.
PER CURIAM.
The appellant has filed a rule 3.800(a) motion asserting that his 40-year sentence
Category: Criminal Procedure
35 So. 3d 983, 2010 Fla. App. LEXIS 6918, 2010 WL 1979013
District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 2562513
Cited 1 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rule of Criminal Procedure. For the
Category: Criminal Procedure
34 So. 3d 782, 2010 Fla. App. LEXIS 7221, 2010 WL 1923978
District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 2543120
Cited 1 times | Published
written reasons is not an issue cognizable in a rule 3.800(a) proceeding); Jackson v. State, 29 So.3d 1152
Category: Criminal Procedure
35 So. 3d 69, 2010 Fla. App. LEXIS 6223, 2010 WL 1793883
District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1445394
Cited 1 times | Published
appellant challenges the sentence imposed after his rule 3.800(a) motion was granted in part and he was resentenced
Category: Criminal Procedure
35 So. 3d 67, 2010 Fla. App. LEXIS 6231, 2010 WL 1793090
District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1645898
Cited 1 times | Published
the Court to make the sentences concurrent in a rule 3.800(c) motion." The circuit court nonetheless entered
Category: Criminal Procedure
34 So. 3d 148, 2010 Fla. App. LEXIS 5584, 2010 WL 1687636
District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 93304
Cited 1 times | Published
conclusion of the appeal in 3D09-1717. See Fla. R.Crim. P. 3.800(a) ("A court may at any time correct ..
Category: Criminal Procedure
37 So. 3d 884, 2010 Fla. App. LEXIS 5526, 2010 WL 1641511
District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 1668532
Cited 1 times | Published
illegal.
“In order to allege a facially sufficient rule 3.800(a) motion, the appellant must allege: (1) he
Category: Criminal Procedure
35 So. 3d 948, 2010 Fla. App. LEXIS 5350, 2010 WL 1626459
District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 421457
Cited 1 times | Published
Velazquez appeals from the summary denial of his rule 3.800(a)[1] motion to correct illegal sentence in which
Category: Criminal Procedure
36 So. 3d 747, 2010 Fla. App. LEXIS 5240, 2010 WL 1543820
District Court of Appeal of Florida | Filed: Apr 20, 2010 | Docket: 397950
Cited 1 times | Published
relief...." Fla. R.App. P. 3.800(a). Although jail-time credit is available under a Rule 3.800(a) proceeding
Category: Criminal Procedure
34 So. 3d 107, 2010 WL 1460222
District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 116186
Cited 1 times | Published
of sentencing; or (2) by motion pursuant to [rule] 3.800(b)").
Affirmed.
Category: Criminal Procedure
32 So. 3d 728, 2010 Fla. App. LEXIS 4867, 2010 WL 1444896
District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 377512
Cited 1 times | Published
reverse the summary denial of the appellant's rule 3.800(a) motion and remand either for the postconviction
Category: Criminal Procedure
36 So. 3d 702, 2010 Fla. App. LEXIS 4192, 2010 WL 1352447
District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1120011
Cited 1 times | Published
to preserve the issue by filing a motion under rule 3.800(b)(2) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
31 So. 3d 918, 2010 Fla. App. LEXIS 4202, 2010 WL 1222709
District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1451455
Cited 1 times | Published
defendant has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
33 So. 3d 732, 2010 Fla. App. LEXIS 3908, 2010 WL 1131447
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1649844
Cited 1 times | Published
Bernard Dougherty appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. Dougherty
Category: Criminal Procedure
30 So. 3d 639, 2010 Fla. App. LEXIS 3340, 2010 WL 935590
District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 365092
Cited 1 times | Published
circuit court of jurisdiction to consider the rule 3.800(a) motion. Bizzell v. State, 912 So.2d 386 (Fla
Category: Criminal Procedure
28 So. 3d 979, 2010 Fla. App. LEXIS 2689, 2010 WL 743953
District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 1165987
Cited 1 times | Published
3.850 motion. We reverse this ruling because rule 3.800(a) is the appropriate vehicle for Reynolds' challenge
Category: Criminal Procedure
28 So. 3d 226, 2010 Fla. App. LEXIS 2233, 2010 WL 668772
District Court of Appeal of Florida | Filed: Feb 26, 2010 | Docket: 2570002
Cited 1 times | Published
under the impression that the prior denial of a rule 3.800(a) motion raising related issues was pending
Category: Criminal Procedure
28 So. 3d 941, 2010 Fla. App. LEXIS 1587, 2010 WL 532818
District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 2566484
Cited 1 times | Published
explained, there is no “successiveness” bar in rule 3.800(a). State v. McBride, 848 So.2d 287, 290 (Fla
Category: Criminal Procedure
28 So. 3d 929, 2010 Fla. App. LEXIS 1358, 2010 WL 445938
District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1652128
Cited 1 times | Published
possession of a firearm. In 2009, Jordan filed a rule 3.800 motion to correct illegal sentence alleging that
Category: Criminal Procedure
27 So. 3d 206, 2010 Fla. App. LEXIS 1338, 2010 WL 446511
District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1664821
Cited 1 times | Published
and HFO designations. Stark, however, filed a rule 3.800(a) motion asserting that the orally pronounced
Category: Criminal Procedure
28 So. 3d 119, 2010 Fla. App. LEXIS 565, 2010 WL 322175
District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1411454
Cited 1 times | Published
motion to correct sentence, filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
26 So. 3d 660, 2010 Fla. App. LEXIS 530, 2010 WL 289201
District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1638726
Cited 1 times | Published
plea, the defendant appeals the denial of his Rule 3.800(a) motion, challenging the legality of his sentence
Category: Criminal Procedure
25 So. 3d 704, 2010 Fla. App. LEXIS 416, 2010 WL 199419
District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 46753
Cited 1 times | Published
that is not fatal to his claim because "[a] rule 3.800 motion can be filed at any time, even decades
Category: Criminal Procedure
25 So. 3d 1259, 2010 Fla. App. LEXIS 282, 2010 WL 178944
District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1193001
Cited 1 times | Published
addressed the lack of a sentencing transcript in a rule 3.800(a) proceeding in which the defendant alleged
Category: Criminal Procedure
25 So. 3d 682, 2010 Fla. App. LEXIS 192, 2010 WL 143765
District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 60287649
Cited 1 times | Published
for reconsideration of his sentence pursuant to rule 3.800(c) was filed on the sixtieth day after his sentencing
Category: Criminal Procedure
24 So. 3d 803, 2010 Fla. App. LEXIS 9, 2010 WL 21177
District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 2558423
Cited 1 times | Published
2d DCA 2005) (finding that an order granting a rule 3.800(b)(2) motion was a nullity because it was filed
Category: Criminal Procedure
37 So. 3d 269, 2009 Fla. App. LEXIS 20398, 2009 WL 5126371
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1668533
Cited 1 times | Published
defendant filed his notice of appeal, he filed a rule 3.800(b)(2) motion to correct sentencing error, effectively
Category: Criminal Procedure
23 So. 3d 873, 2009 Fla. App. LEXIS 20389, 2009 WL 5126497
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60282105
Cited 1 times | Published
The record on appeal on a summary denial of a rule 3.800(a) motion consists of “copies of the motion,
Category: Criminal Procedure
26 So. 3d 616, 2009 Fla. App. LEXIS 19939, 2009 WL 4912610
District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1638717
Cited 1 times | Published
the sentences were illegal. However, because rule 3.800(a) is limited to correction of sentencing errors
Category: Criminal Procedure
23 So. 3d 236, 2009 Fla. App. LEXIS 19606, 2009 WL 4825123
District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 60282024
Cited 1 times | Published
filed a second rule 3.800(b) motion arguing that based on the originally granted rule 3.800(b) motion, the
Category: Criminal Procedure
22 So. 3d 797, 2009 Fla. App. LEXIS 19254, 2009 WL 3878546
District Court of Appeal of Florida | Filed: Nov 20, 2009 | Docket: 2590426
Cited 1 times | Published
PER CURIAM.
Appellant appeals the denial of his rule 3.800(a) motion seeking credit for seven days of jail
Category: Criminal Procedure
32 So. 3d 121, 2009 Fla. App. LEXIS 16960, 2009 WL 3787795
District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 2575557
Cited 1 times | Published
So.2d 209 (Fla. 2d DCA 2005) (applying Fla. R.Crim. P. 3.800(b)(2) to preserve error regarding lack of
Category: Criminal Procedure
20 So. 3d 440, 2009 Fla. App. LEXIS 15781, 2009 WL 3364843
District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1640189
Cited 1 times | Published
that Perez's petition was properly treated as a rule 3.800(a) motion, as the time for the filing of a 3
Category: Criminal Procedure
20 So. 3d 979, 2009 Fla. App. LEXIS 15804, 34 Fla. L. Weekly Fed. D 2185
District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2589646
Cited 1 times | Published
remanded with directions.
NOTES
[1] In 2004, rule 3.800 was amended to allow a motion for rehearing to
Category: Criminal Procedure
18 So. 3d 712, 2009 Fla. App. LEXIS 14721, 2009 WL 3149452
District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 2539797
Cited 1 times | Published
for additional jail credit filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
17 So. 3d 347, 2009 Fla. App. LEXIS 14506, 2009 WL 3103757
District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 2566368
Cited 1 times | Published
rendered the corrected sentence a nullity. See Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B); Manning v. State, 961
Category: Criminal Procedure
16 So. 3d 331, 2009 Fla. App. LEXIS 13746, 2009 WL 2949311
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 382857
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, challenging
Category: Criminal Procedure
32 So. 3d 89, 2009 Fla. App. LEXIS 12962, 2009 WL 2634076
District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1198080
Cited 1 times | Published
an illegal sentence that is remediable under rule 3.800(a) pursuant to Williams v. State, 957 So.2d 600
Category: Criminal Procedure
32 So. 3d 89, 2009 Fla. App. LEXIS 12962, 2009 WL 2634076
District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1198080
Cited 1 times | Published
an illegal sentence that is remediable under rule 3.800(a) pursuant to Williams v. State, 957 So.2d 600
Category: Criminal Procedure
16 So. 3d 995, 2009 Fla. App. LEXIS 12662, 34 Fla. L. Weekly Fed. D 1765
District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1127103
Cited 1 times | Published
served.
Appellant subsequently filed the instant rule 3.800(a) motion, asserting that the five-year sentences
Category: Criminal Procedure
16 So. 3d 244, 2009 Fla. App. LEXIS 11572, 2009 WL 2516918
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1128117
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and
Category: Criminal Procedure
16 So. 3d 946, 2009 Fla. App. LEXIS 11576, 2009 WL 2513845
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1641082
Cited 1 times | Published
explained in an analogous case:
Cases construing Rule 3.800(a) do not impose on criminal defendants the necessity
Category: Criminal Procedure
16 So. 3d 261, 2009 Fla. App. LEXIS 11597, 2009 WL 2517053
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1440658
Cited 1 times | Published
that it had not been ordered to respond to the rule 3.800 motion. Rather, it responded to a rule 3.850
Category: Criminal Procedure
16 So. 3d 229, 2009 Fla. App. LEXIS 11394, 2009 WL 2475035
District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 2571894
Cited 1 times | Published
progression of her cancer. Because the denial of a Rule 3.800(c) motion is not subject to appeal, we lack jurisdiction
Category: Criminal Procedure
15 So. 3d 901, 2009 Fla. App. LEXIS 10721, 2009 WL 2382355
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1425877
Cited 1 times | Published
R. App. P. 9.141(b)(2)(A), (D).
In Sanchez's rule 3.800 motion, his only claim is that the written sentence
Category: Criminal Procedure
14 So. 3d 256, 2009 Fla. App. LEXIS 10076, 2009 WL 2190274
District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 2506447
Cited 1 times | Published
the trial court's summary denial of Aumiller's rule 3.800 motion seeking additional credit and remand for
Category: Criminal Procedure
14 So. 3d 256, 2009 Fla. App. LEXIS 10076, 2009 WL 2190274
District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 2506447
Cited 1 times | Published
the trial court's summary denial of Aumiller's rule 3.800 motion seeking additional credit and remand for
Category: Criminal Procedure
15 So. 3d 819, 2009 Fla. App. LEXIS 9993, 2009 WL 2168849
District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 1660265
Cited 1 times | Published
their face an entitlement to ... relief.' Fla. R. Crim. P. 3.800(a). This rule does not contemplate the
Category: Criminal Procedure
12 So. 3d 330, 2009 Fla. App. LEXIS 9985, 2009 WL 2169139
District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 2538102
Cited 1 times | Published
charges. A jail credit claim is cognizable under rule 3.800(a). State v. Mancino, 714 So.2d 429, 433 (Fla
Category: Criminal Procedure
10 So. 3d 1209, 2009 Fla. App. LEXIS 8581, 2009 WL 1874008
District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 853055
Cited 1 times | Published
sentencing errors that must be preserved by a rule 3.800(b) motion include claims that a written order
Category: Criminal Procedure
16 So. 3d 152, 2009 Fla. App. LEXIS 7610, 2009 WL 1675802
District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1416203
Cited 1 times | Published
3D08-2337 (Fla. R.Crim. P. 3.800 motion); Allen v. State, Case No. 3D08-1111 (Fla. R.Crim. P. 3.800 motion);
Category: Criminal Procedure
14 So. 3d 1128, 2009 Fla. App. LEXIS 7766, 2009 WL 1676029
District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1650806
Cited 1 times | Published
concurrently.
In the first ground in the present rule 3.800(a) motion, Watkins argued that the prior postconviction
Category: Criminal Procedure
12 So. 3d 835, 2009 Fla. App. LEXIS 6957, 2009 WL 1491445
District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1646526
Cited 1 times | Published
The issue relevant to this appeal regarding the rule 3.800(a) motions was the retention of jurisdiction
Category: Criminal Procedure
8 So. 3d 1277, 2009 Fla. App. LEXIS 4465, 2009 WL 1311379
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 2121672
Cited 1 times | Published
Geralds's right to file a legally sufficient rule 3.800(a) motion to correct or a timely and verified
Category: Criminal Procedure
9 So. 3d 761, 2009 Fla. App. LEXIS 5052, 2009 WL 1312903
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 2565287
Cited 1 times | Published
2d 437 (Fla. 1st DCA 2006) (court cannot treat rule 3.800(a) motion as rule 3.850 motion where motion is
Category: Criminal Procedure
10 So. 3d 686, 2009 Fla. App. LEXIS 4323, 2009 WL 1212257
District Court of Appeal of Florida | Filed: May 6, 2009 | Docket: 2579585
Cited 1 times | Published
time he spent in jail prior to trial.
Sloan's rule 3.800(a) motion raises two claims. First, he contends
Category: Criminal Procedure
7 So. 3d 646, 2009 Fla. App. LEXIS 3869, 2009 WL 1139262
District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 60302822
Cited 1 times | Published
amounts the court announced. In response to a rule 3.800(b)(2) motion and on appeal, the state agrees
Category: Criminal Procedure
7 So. 3d 639, 2009 Fla. App. LEXIS 3441, 2009 WL 1066085
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 2547305
Cited 1 times | Published
Wilcher (defendant) appeals the denial of his rule 3.800(a) motion to correct illegal sentence, claiming
Category: Criminal Procedure
11 So. 3d 399, 2009 Fla. App. LEXIS 3381, 2009 WL 1044896
District Court of Appeal of Florida | Filed: Apr 21, 2009 | Docket: 773994
Cited 1 times | Published
CURIAM.
The appellant appeals the denial of a rule 3.800(a) motion arguing that his prison release reoffender
Category: Criminal Procedure
6 So. 3d 122, 2009 Fla. App. LEXIS 3308, 2009 WL 1025877
District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1256278
Cited 1 times | Published
raises the same issue that he argued in a prior rule 3.800(a) motion that was denied on the merits. Taylor
Category: Criminal Procedure
17 So. 3d 307, 2009 Fla. App. LEXIS 3181, 2009 WL 996409
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 2581370
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a). The trial court denied the motion without
Category: Criminal Procedure
6 So. 3d 711, 2009 Fla. App. LEXIS 2920, 2009 WL 937043
District Court of Appeal of Florida | Filed: Apr 9, 2009 | Docket: 443361
Cited 1 times | Published
Appellant's counsel to show cause why Appellant's rule 3.800(b)(2) motion should not be stricken because it
Category: Criminal Procedure
10 So. 3d 660, 2009 Fla. App. LEXIS 2891, 2009 WL 928480
District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1642402
Cited 1 times | Published
him in the preparation and presentation of a Rule 3.800 motion. On June 27, 2007, the trial court denied
Category: Criminal Procedure
10 So. 3d 190, 2009 Fla. App. LEXIS 2894, 2009 WL 928582
District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1132758
Cited 1 times | Published
state's timely motion to rehear an order granting a rule 3.800(a) motion that was based on false or incomplete
Category: Criminal Procedure
6 So. 3d 109, 2009 Fla. App. LEXIS 2953, 2009 WL 838385
District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1120927
Cited 1 times | Published
Vega appeals the trial court's denial of his Rule 3.800(a) motion to correct illegal sentence. In April
Category: Criminal Procedure
9 So. 3d 649, 2009 Fla. App. LEXIS 2491, 2009 WL 763593
District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2584916
Cited 1 times | Published
order of revocation of community control, Fla. R. Crim. P. 3.800(b)(2), but the court failed to rule on
Category: Criminal Procedure
4 So. 3d 790, 2009 Fla. App. LEXIS 2493, 2009 WL 763506
District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 60295132
Cited 1 times | Published
Florida Statutes (2006). Osegueda filed a timely rule 3.800(b)(2) motion to correct his sentence. Though
Category: Criminal Procedure
3 So. 3d 1281, 2009 Fla. App. LEXIS 2144, 2009 WL 593153
District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 60289135
Cited 1 times | Published
motion to correct sentencing error pursuant to Rule 3.800(b)(2), Florida Rules of Criminal Procedure (2007)
Category: Criminal Procedure
3 So. 3d 1270, 2009 Fla. App. LEXIS 3614, 2009 WL 559951
District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 2547238
Cited 1 times | Published
trial court's order summarily denying King's Rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
5 So. 3d 756, 2009 Fla. App. LEXIS 1547, 2009 WL 500920
District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 2554884
Cited 1 times | Published
CURIAM.
The appellant challenges the denial of his rule 3.800(a) motion to correct illegal sentence. Because
Category: Criminal Procedure
5 So. 3d 756, 2009 Fla. App. LEXIS 1547, 2009 WL 500920
District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 2554884
Cited 1 times | Published
CURIAM.
The appellant challenges the denial of his rule 3.800(a) motion to correct illegal sentence. Because
Category: Criminal Procedure
1 So. 3d 1289, 2009 Fla. App. LEXIS 1507, 2009 WL 454539
District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 695081
Cited 1 times | Published
Javaro Brown appeals from an order denying his rule 3.800(a) motion seeking additional jail credit. Brown
Category: Criminal Procedure
4 So. 3d 726, 2009 Fla. App. LEXIS 1509, 2009 WL 454536
District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1224292
Cited 1 times | Published
denial of a rule 3.850 motion and the denial of a rule 3.800(a) motion. Both motions seek an additional 193
Category: Criminal Procedure
3 So. 3d 427, 2009 Fla. App. LEXIS 1249, 2009 WL 383600
District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 331431
Cited 1 times | Published
precludes a defendant from rearguing in a successive rule 3.800 motion the same issue argued in a prior motion
Category: Criminal Procedure
2 So. 3d 1067, 2009 Fla. App. LEXIS 762, 2009 WL 249269
District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 2572474
Cited 1 times | Published
Dunn has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
1 So. 3d 338, 2009 Fla. App. LEXIS 1832, 2009 WL 151247
District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 1174582
Cited 1 times | Published
David A. Canada appeals the summary denial of his rule 3.800(a)[1] motion to correct sentence. Canada's motion
Category: Criminal Procedure
998 So. 2d 1209, 2009 WL 129615
District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1701776
Cited 1 times | Published
(Fla. 4th DCA 1999) (affirming order denying rule 3.800(a) motion, where sentences had been served and
Category: Criminal Procedure
995 So. 2d 624, 2008 WL 5192059
District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 2574346
Cited 1 times | Published
determined that it was unauthorized. See Fla. R.Crim. P. 3.800(b)(1)(B) (authorizing motion for rehearing
Category: Criminal Procedure
2 So. 3d 358, 2008 Fla. App. LEXIS 18620, 2008 WL 5192061
District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1442465
Cited 1 times | Published
sentence.
The failure of appellate counsel to file a rule 3.800(b)(2) motion to correct sentencing error constitutes
Category: Criminal Procedure
995 So. 2d 1142, 2008 WL 5100665
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 2523024
Cited 1 times | Published
this regard specifically underscored *1143 that rule 3.800(a) allows a trial court to correct an illegal
Category: Criminal Procedure
995 So. 2d 1160, 2008 WL 5100695
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 2538365
Cited 1 times | Published
time credit issues are appropriately raised in a rule 3.800 motion where the record reflects that the defendant
Category: Criminal Procedure
997 So. 2d 1146, 2008 WL 5070297
District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1721269
Cited 1 times | Published
(Fla. 3d DCA 2006).
The defendant filed another rule 3.800 motion on March 26, 2008, alleging that on the
Category: Criminal Procedure
995 So. 2d 1128, 2008 WL 5070356
District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1684889
Cited 1 times | Published
April 1997. The trial court construed this as a rule 3.800(a) motion and agreed with the state that the
Category: Criminal Procedure
993 So. 2d 1177, 2008 WL 4820492
District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 2556836
Cited 1 times | Published
Scott appeals from the summary denial of her rule 3.800(a) motion, in which she seeks additional jail
Category: Criminal Procedure
994 So. 2d 456, 2008 WL 4723019
District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 2403571
Cited 1 times | Published
(reversing the summary denial of the defendant's rule 3.800(a) motion because the trial court "did not attach
Category: Criminal Procedure
995 So. 2d 1008, 2008 WL 4682299
District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 2535107
Cited 1 times | Published
appropriate notice of her pending motion. See Fla. R.Crim. P. 3.800(b)(2). In her motion, Appellant argued that
Category: Criminal Procedure
991 So. 2d 999, 2008 WL 4414362
District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 2551935
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and
Category: Criminal Procedure
992 So. 2d 823, 2008 WL 4180056
District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1723106
Cited 1 times | Published
days, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B). The State properly
Category: Criminal Procedure
990 So. 2d 655, 2008 WL 4147576
District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1426128
Cited 1 times | Published
his release, this claim may not be raised in a rule 3.800(a) motion.
POLEN, STEVENSON, and DAMOORGIAN,
Category: Criminal Procedure
990 So. 2d 1152, 2008 WL 4058047
District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 2575873
Cited 1 times | Published
Pena has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
990 So. 2d 595, 2008 WL 3363233
District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 2550889
Cited 1 times | Published
Varela appeals the trial court's denial of his rule 3.800(a) motion to correct illegal sentence. Varela
Category: Criminal Procedure
987 So. 2d 772, 2008 WL 2891549
District Court of Appeal of Florida | Filed: Jul 29, 2008 | Docket: 1723978
Cited 1 times | Published
CURIAM.
Gabriel Barrier appeals the denial of his rule 3.800(a) motion which sought credit for time Barrier
Category: Criminal Procedure
987 So. 2d 771, 2008 WL 2889896
District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 1723848
Cited 1 times | Published
504, 505 (Fla. 4th DCA 2007).
Defendant filed a rule 3.800(a) motion to correct illegal sentence with the
Category: Criminal Procedure
985 So. 2d 1233, 2008 WL 2774443
District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 2558174
Cited 1 times | Published
not preserved by contemporaneous objection or rule 3.800 motion. Accordingly, we affirm on this point
Category: Criminal Procedure
990 So. 2d 573, 2008 WL 2744414
District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 494217
Cited 1 times | Published
denied the motions solely for being successive.
Rule 3.800(a) does not bar successive motions. State v.
Category: Criminal Procedure
985 So. 2d 1225, 2008 WL 2744500
District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1787168
Cited 1 times | Published
appellee.
PER CURIAM.
The order denying appellant's rule 3.800(a) motion is affirmed without prejudice for appellant
Category: Criminal Procedure
985 So. 2d 681, 2008 WL 2596829
District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 9157
Cited 1 times | Published
now appeals the trial court's order denying his Rule 3.800(c) motion for reduction or modification of the
Category: Criminal Procedure
985 So. 2d 678, 2008 WL 2596649
District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 237219
Cited 1 times | Published
J.
Joaquin Cisneros appeals the denial of his rule 3.800(a) motion which sought credit for time Cisneros
Category: Criminal Procedure
983 So. 2d 662, 2008 WL 2185456
District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1583239
Cited 1 times | Published
CURIAM.
We affirm the order summarily denying the rule 3.800(a) motion to correct illegal sentence, but not
Category: Criminal Procedure
981 So. 2d 676, 2008 WL 2150091
District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 467976
Cited 1 times | Published
offender (HVFO). The trial court denied Jones's rule 3.800(b)(2) motion on the basis that Jones stipulated
Category: Criminal Procedure
981 So. 2d 626, 2008 WL 2065885
District Court of Appeal of Florida | Filed: May 16, 2008 | Docket: 468563
Cited 1 times | Published
it within 60 days after the imposition." Fla. R.Crim. P. 3.800(c) (emphasis added). However, the power
Category: Criminal Procedure
984 So. 2d 555, 2008 WL 1958934
District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 2536728
Cited 1 times | Published
The defendant appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence. He attempted
Category: Criminal Procedure
978 So. 2d 284, 2008 WL 1734513
District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1508699
Cited 1 times | Published
The defendant appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
977 So. 2d 733, 2008 WL 762555
District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1140455
Cited 1 times | Published
sentence claim as having been filed pursuant to rule 3.800(a), see Robinson v. State, 916 So.2d 974 (Fla
Category: Criminal Procedure
976 So. 2d 1190, 2008 WL 731751
District Court of Appeal of Florida | Filed: Mar 20, 2008 | Docket: 310473
Cited 1 times | Published
James Bunch appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. Mr. Bunch
Category: Criminal Procedure
974 So. 2d 591, 2008 WL 441648
District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 935633
Cited 1 times | Published
the most recent order denying Jose M. Arce's rule 3.800(a) motion, we reverse and remand with directions
Category: Criminal Procedure
977 So. 2d 661, 2008 WL 441960
District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2564894
Cited 1 times | Published
the postconviction court's denial of Johnson's rule 3.800(a) motion, and we direct the trial court to vacate
Category: Criminal Procedure
974 So. 2d 542, 2008 WL 373429
District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 2561380
Cited 1 times | Published
We affirm the summary denial of appellant's rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
973 So. 2d 663, 2008 WL 314173
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 2557422
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a). The lower court received the motion on Friday
Category: Criminal Procedure
976 So. 2d 68, 2008 WL 313924
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 2588577
Cited 1 times | Published
satisfy the threshold allegation requirements of rule 3.800(a). Id. at 845.
Appellant has not identified
Category: Criminal Procedure
973 So. 2d 624, 2008 WL 189931
District Court of Appeal of Florida | Filed: Jan 24, 2008 | Docket: 374429
Cited 1 times | Published
614 (Fla. 1st DCA 2005)(declining to construe a rule 3.800(a) motion as a rule 3.850 motion because the
Category: Criminal Procedure
973 So. 2d 1235, 2008 WL 183541
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2573350
Cited 1 times | Published
CURIAM.
Barry Smith appeals the denial of his rule 3.800(a) motion challenging his habitual violent felony
Category: Criminal Procedure
970 So. 2d 946, 2008 WL 34814
District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 2538251
Cited 1 times | Published
trial court did not rule on the motion. See Fla. R.Crim. P. 3.800(b)(1)(B). This sentence is contrary to Hale
Category: Criminal Procedure
970 So. 2d 482, 2007 WL 4353095
District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 2535451
Cited 1 times | Published
CURIAM.
Carter appeals the summary denial of his Rule 3.800(a)[1] motion in which he alleged that he was
Category: Criminal Procedure
970 So. 2d 484, 2007 WL 4355276
District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1694689
Cited 1 times | Published
under rule 3.850 even if improperly labeled as a rule 3.800 motion).
Accordingly, on remand the postconviction
Category: Criminal Procedure
969 So. 2d 1142, 2007 WL 3355581
District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 2571382
Cited 1 times | Published
that summarily denied his motion pursuant to rule 3.800(a), Fla. R.Crim. P. (2007). The circuit court
Category: Criminal Procedure
968 So. 2d 633, 2007 WL 3120457
District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 133140
Cited 1 times | Published
improper imposition of a fine can be raised by rule 3.800, the claim is inappropriately raised in a rule
Category: Criminal Procedure
967 So. 2d 410, 2007 WL 3087472
District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1733603
Cited 1 times | Published
files and record" in this case so as to satisfy rule 3.800. Cf. McIntyre v. State, 844 So.2d 679, 680 (Fla
Category: Criminal Procedure
965 So. 2d 1287, 2007 WL 3010344
District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1509120
Cited 1 times | Published
and 2005. He did not appeal the denial of the rule 3.800 motion. Mr. Nedd appealed the denial of his rule
Category: Criminal Procedure
966 So. 2d 470, 2007 WL 2935493
District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 2570312
Cited 1 times | Published
Esteves appeals the order summarily denying his rule 3.800(a) motion, challenging his habitual felony offender
Category: Criminal Procedure
966 So. 2d 996, 2007 WL 2890091
District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 2574259
Cited 1 times | Published
for count I, which was corrected pursuant to a Rule 3.800(b)(2) motion, is now consistent with our opinion
Category: Criminal Procedure
965 So. 2d 1234, 2007 WL 2804807
District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 1508960
Cited 1 times | Published
fourteen years on Count II.
Brown then filed a rule 3.800(b) motion[3] to correct an illegal sentence,
Category: Criminal Procedure
965 So. 2d 840, 2007 WL 2735983
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 446855
Cited 1 times | Published
the trial court's order summarily denying his rule 3.800(a) motion to correct illegal sentence.[1] Determining
Category: Criminal Procedure
965 So. 2d 840, 2007 WL 2735983
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 446855
Cited 1 times | Published
the trial court's order summarily denying his rule 3.800(a) motion to correct illegal sentence.[1] Determining
Category: Criminal Procedure
964 So. 2d 867, 2007 WL 2711241
District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 2530278
Cited 1 times | Published
clerical mistake," *868 ostensibly filed under rule 3.800(a).[1] We affirm.
The saga of this case began
Category: Criminal Procedure
965 So. 2d 224, 2007 WL 2480544
District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 446746
Cited 1 times | Published
to his convictions and sentences, Lago filed a Rule 3.800 motion to correct illegal sentence in November
Category: Criminal Procedure
962 So. 2d 1067, 2007 WL 2456366
District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 2516606
Cited 1 times | Published
court. First, we note that an order denying a rule 3.800(c) motion to mitigate sentence is not appealable
Category: Criminal Procedure
962 So. 2d 1067, 2007 WL 2456454
District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 2523471
Cited 1 times | Published
extradition to Florida. The circuit court denied his rule 3.800(a) motion. Now, in his mandamus petition, McCall
Category: Criminal Procedure
962 So. 2d 1067, 2007 WL 2456454
District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 2523471
Cited 1 times | Published
extradition to Florida. The circuit court denied his rule 3.800(a) motion. Now, in his mandamus petition, McCall
Category: Criminal Procedure
963 So. 2d 347, 2007 WL 2376710
District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 2508228
Cited 1 times | Published
our interpretation of that term. . . . Thus, a rule 3.800(a) motion is not proper here.").
STONE, STEVENSON
Category: Criminal Procedure
962 So. 2d 1026, 2007 WL 2254567
District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1519162
Cited 1 times | Published
sanctions); May 22, 2003, Griffin filed an Fla. R.Crim. P. 3.800 motion to correct sentence; February 13
Category: Criminal Procedure
962 So. 2d 1025, 2007 WL 2254715
District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 65764
Cited 1 times | Published
appeals an order denying his motion under Florida Rule 3.800 for credit for time served. Because the record
Category: Criminal Procedure
962 So. 2d 388, 2007 WL 2254666
District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1174849
Cited 1 times | Published
alleged in the motion allege proper subjects of rule 3.800(a) relief.
First, appellant claims that the court
Category: Criminal Procedure
974 So. 2d 415, 2007 WL 2065889
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1717420
Cited 1 times | Published
trial court by a contemporaneous objection or rule 3.800(b) motion.[1] We deny the motion for rehearing
Category: Criminal Procedure
962 So. 2d 352, 2007 WL 1988899
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 347921
Cited 1 times | Published
from an order dated November 28, 2006 denying a rule 3.800 motion dated December 6, 2005. Finding no merit
Category: Criminal Procedure
958 So. 2d 469, 2007 WL 1373766
District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1735032
Cited 1 times | Published
motion finding the error was not cognizable in a rule 3.800(b)(2) motion because this rule is the vehicle
Category: Criminal Procedure
954 So. 2d 1283, 2007 WL 1295672
District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 2588694
Cited 1 times | Published
facially sufficient claim for jail time credit under rule 3.800 where he provides the dates for which he is seeking
Category: Criminal Procedure
962 So. 2d 920, 2007 WL 1264005
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 2570706
Cited 1 times | Published
we affirm the trial court's order denying his rule 3.800(a) motion.
In his motion to correct illegal sentence
Category: Criminal Procedure
960 So. 2d 13, 2007 WL 1263497
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 2531709
Cited 1 times | Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and
Category: Criminal Procedure
955 So. 2d 67, 2007 WL 981768
District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 2574015
Cited 1 times | Published
substantive probation violation, summary denial of rule 3.800 petition reversed for attachment of record to
Category: Criminal Procedure
949 So. 2d 1207, 2007 WL 674852
District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1374842
Cited 1 times | Published
one that can be raised at any time. See Fla. R.Crim. P. 3.800(a).
Affirmed in part, reversed in part,
Category: Criminal Procedure
948 So. 2d 1045, 2007 Fla. App. LEXIS 2602, 2007 WL 548824
District Court of Appeal of Florida | Filed: Feb 23, 2007 | Docket: 64849183
Cited 1 times | Published
treated the motion as if it had been filed under rule 3.800(a), and denied the motion on the merits. We reverse
Category: Criminal Procedure
948 So. 2d 870, 2007 Fla. App. LEXIS 1467, 2007 WL 403443
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849124
Cited 1 times | Published
defendant has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
949 So. 2d 256, 2007 WL 188292
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 415212
Cited 1 times | Published
motion for postconviction relief pursuant to rule 3.800(a). The trial court granted Cernak's motion and
Category: Criminal Procedure
948 So. 2d 78, 2007 WL 120068
District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 2569441
Cited 1 times | Published
consideration on the merits.
An order denying a rule 3.800(c) motion based on lack of jurisdiction is reviewable
Category: Criminal Procedure
947 So. 2d 629, 2007 WL 102111
District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 825290
Cited 1 times | Published
Ruffin has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
944 So. 2d 1246, 2006 WL 3813684
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 184105
Cited 1 times | Published
Sherri Renfro appeals the denial of her second rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
945 So. 2d 588, 2006 WL 3615521
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 680211
Cited 1 times | Published
August 9, 2005. Mr. Mathis attached to *589 his rule 3.800(a) motion a county complaint affidavit reflecting
Category: Criminal Procedure
945 So. 2d 588, 2006 WL 3615521
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 680211
Cited 1 times | Published
August 9, 2005. Mr. Mathis attached to *589 his rule 3.800(a) motion a county complaint affidavit reflecting
Category: Criminal Procedure
943 So. 2d 267, 2006 WL 3302826
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1132840
Cited 1 times | Published
the sentence "illegal" for the purposes of a rule 3.800 petition. The claims should have been raised
Category: Criminal Procedure
941 So. 2d 568, 2006 Fla. App. LEXIS 18970, 2006 WL 3299422
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64847768
Cited 1 times | Published
(Fla. 2nd DCA 2003)(re-manding the denial of a rule 3.800(a) motion for the trial court to check the prison
Category: Criminal Procedure
940 So. 2d 1288, 2006 WL 3228699
District Court of Appeal of Florida | Filed: Nov 9, 2006 | Docket: 1388060
Cited 1 times | Published
court's order denying his motion filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, to mitigate
Category: Criminal Procedure
940 So. 2d 605, 2006 WL 3077649
District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 1666923
Cited 1 times | Published
PER CURIAM.
The order denying the appellant's rule 3.800(a) motion to correct illegal sentence is reversed
Category: Criminal Procedure
940 So. 2d 548, 2006 WL 3039430
District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1666917
Cited 1 times | Published
while lacking merit, was properly filed under rule 3.800 and should not be deemed to be a rule 3.850 motion
Category: Criminal Procedure
940 So. 2d 548, 2006 WL 3039430
District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1666917
Cited 1 times | Published
while lacking merit, was properly filed under rule 3.800 and should not be deemed to be a rule 3.850 motion
Category: Criminal Procedure
939 So. 2d 263, 2006 WL 2956296
District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1657390
Cited 1 times | Published
resentencing is identical to one he raised in a prior rule 3.800(a) motion, which was denied on the merits and
Category: Criminal Procedure
940 So. 2d 498, 2006 WL 2956284
District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1157217
Cited 1 times | Published
PER CURIAM.
We affirm the denial of Brown's rule 3.800(a) motion to correct illegal sentence, wherein
Category: Criminal Procedure
937 So. 2d 767, 2006 WL 2570867
District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 856936
Cited 1 times | Published
J.
Tommie M. Seward seeks relief pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, arguing
Category: Criminal Procedure
952 So. 2d 529, 2006 WL 2547106
District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 928726
Cited 1 times | Published
result in an illegal sentence cognizable in a rule 3.800(a) motion, see Epps v. State, 912 So.2d 644 (Fla
Category: Criminal Procedure
935 So. 2d 1282, 2006 Fla. App. LEXIS 14030, 2006 WL 2418946
District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846187
Cited 1 times | Published
affirmed on direct appeal and rejected in two prior rule 3.800(a) motions which were also affirmed by this court
Category: Criminal Procedure
933 So. 2d 720, 2006 WL 2057019
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 175200
Cited 1 times | Published
CURIAM.
Altereque Baker appeals the denial of his rule 3.800(a) motion to correct an illegal sentence. Appellant
Category: Criminal Procedure
932 So. 2d 1291, 2006 WL 1999543
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1187857
Cited 1 times | Published
Rowe's motion is facially insufficient. See Fla. R.Crim. P. 3.800(a); see also Stathas v. State, 852 So.2d
Category: Criminal Procedure
932 So. 2d 1271, 2006 WL 1933392
District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 2531277
Cited 1 times | Published
credit of approximately 220 days. We affirm.
Rule 3.800(a) expressly states that a motion may seek additional
Category: Criminal Procedure
931 So. 2d 1044, 2006 WL 1686182
District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1365051
Cited 1 times | Published
affirmance is without prejudice to appellant filing a Rule 3.800(a) motion that alleges where in the record the
Category: Criminal Procedure
933 So. 2d 42, 2006 WL 1301747
District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 2555656
Cited 1 times | Published
not entered within sixty days as required by rule 3.800(b)(2). Therefore, the circuit court's order is
Category: Criminal Procedure
929 So. 2d 1087, 2006 WL 1006384
District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 1510045
Cited 1 times | Published
*1088 PER CURIAM.
The denial of Appellant's rule 3.800(a) motion to correct illegal sentence is affirmed
Category: Criminal Procedure
925 So. 2d 435, 2006 WL 889163
District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 133178
Cited 1 times | Published
which require an evidentiary hearing. Thus, a Rule 3.800(a) motion is not an appropriate remedy. See Richardson
Category: Criminal Procedure
925 So. 2d 427, 2006 WL 860967
District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 2580202
Cited 1 times | Published
presented to the trial court in the original Rule 3.800(a) motion. We therefore affirm without prejudice
Category: Criminal Procedure
925 So. 2d 382, 2006 WL 572178
District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1517012
Cited 1 times | Published
a facially sufficient claim for relief under rule 3.800(a). See Whitt v. State, 807 So.2d 788, 788 (Fla
Category: Criminal Procedure
921 So. 2d 715, 2006 WL 335010
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1659672
Cited 1 times | Published
Johnson's motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(2).
Inasmuch as the trial court's finding
Category: Criminal Procedure
932 So. 2d 335, 2006 WL 305453
District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1285621
Cited 1 times | Published
Criminal Procedure 3.800(a), the supplements to his rule 3.800(a) motion, and his motion for rehearing. We affirm
Category: Criminal Procedure
922 So. 2d 243, 2006 WL 120021
District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 415088
Cited 1 times | Published
this claim as one that was not cognizable in a rule 3.800(a) motion. However, it would appear the postconviction
Category: Criminal Procedure
916 So. 2d 974, 2005 WL 3479828
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 19558
Cited 1 times | Published
3.850 motion as if it were filed pursuant to rule 3.800. See Valdes v. State, 765 So.2d 774, 776 (Fla
Category: Criminal Procedure
917 So. 2d 244, 2005 WL 3338628
District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 2562756
Cited 1 times | Published
reconsideration of sentence filed pursuant to rule 3.800(a), and the addendum to his rule 3.850 motion
Category: Criminal Procedure
913 So. 2d 1239, 2005 WL 2990644
District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 2561675
Cited 1 times | Published
to raise a rule 3.800(a) claim. We would also note that, unlike rule 3.850(d), rule 3.800(a) contains
Category: Criminal Procedure
916 So. 2d 24, 2005 WL 2990884
District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 381941
Cited 1 times | Published
have to file a facially sufficient claim under rule 3.800(a).
Affirmed.
KELLY, and LaROSE, JJ., Concur
Category: Criminal Procedure
912 So. 2d 694, 2005 WL 2806662
District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 1649731
Cited 1 times | Published
enter an order of dismissal because Macaluso's rule 3.800(a) motion is facially insufficient.
Macaluso
Category: Criminal Procedure
907 So. 2d 1291, 2005 WL 1923562
District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 2558995
Cited 1 times | Published
too speculative and subjective for purposes of rule 3.800(a)," the law of this district, as it presently
Category: Criminal Procedure
911 So. 2d 164, 2005 Fla. App. LEXIS 12440, 2005 WL 1875696
District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 64840415
Cited 1 times | Published
a jury and proved beyond a reasonable doubt.
Rule 3.800(b) authorizes a motion to correct sentencing
Category: Criminal Procedure
907 So. 2d 682, 2005 WL 1788980
District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 2590319
Cited 1 times | Published
an entitlement to [the] relief" sought. Fla. R.Crim. P. 3.800(a).
FULMER, C.J., and NORTHCUTT and VILLANTI
Category: Criminal Procedure
903 So. 2d 361, 2005 WL 1397373
District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1258398
Cited 1 times | Published
fine of $4589, which Selwyn challenged in his rule 3.800(b)(2) motion. On September 8, 2004, the trial
Category: Criminal Procedure
904 So. 2d 593, 2005 WL 1398218
District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 797051
Cited 1 times | Published
affirm the trial court's denial of appellant's rule 3.800(a) motion alleging that he was improperly sentenced
Category: Criminal Procedure
903 So. 2d 292, 2005 WL 1339450
District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 115649
Cited 1 times | Published
affirm the trial court's denial of the appellant's Rule 3.800(a) motion made pursuant to Blakely v. Washington
Category: Criminal Procedure
921 So. 2d 9, 2005 Fla. App. LEXIS 8090, 2005 WL 1262513
District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 64842471
Cited 1 times | Published
the party’s first brief by the plain terms of rule 3.800(b)(2). Here, appellant has filed and served an
Category: Criminal Procedure
902 So. 2d 351, 2005 WL 1252292
District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 577809
Cited 1 times | Published
appellant, Patrick Smith, appeals the denial of his Rule 3.800(a) Motion to Correct Illegal Sentence in which
Category: Criminal Procedure
902 So. 2d 292, 2005 WL 1226154
District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 254891
Cited 1 times | Published
CURIAM.
This is an appeal from the denial of a Rule 3.800(a), Fla. R.Crim. P., motion to vacate, set aside
Category: Criminal Procedure
903 So. 2d 257, 2005 WL 1199054
District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 2549748
Cited 1 times | Published
probation because appellant failed to file a Rule 3.800 motion on the issue or otherwise object to the
Category: Criminal Procedure
901 So. 2d 374, 2005 WL 1106011
District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 451404
Cited 1 times | Published
scoresheet. Such claims are not cognizable under rule 3.800, but rather, they are correctable on direct appeal
Category: Criminal Procedure
900 So. 2d 776, 2005 WL 1047276
District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1514192
Cited 1 times | Published
v. State, 898 So.2d 1109 (Fla. 2d DCA 2005). Rule 3.800 allows correction, reduction, and modification
Category: Criminal Procedure
900 So. 2d 650, 2005 WL 735282
District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1514201
Cited 1 times | Published
motion to clarify sentence filed pursuant to Rule 3.800, Florida Rule of Criminal Procedure. He contends
Category: Criminal Procedure
895 So. 2d 1292, 2005 WL 723857
District Court of Appeal of Florida | Filed: Mar 31, 2005 | Docket: 2508539
Cited 1 times | Published
below with either a contemporaneous objection or Rule 3.800(b) motion.[2]
Therefore, we may not address this
Category: Criminal Procedure
893 So. 2d 698, 2005 Fla. App. LEXIS 1663, 2005 WL 387672
District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 64836103
Cited 1 times | Published
[“Scheffer”], appeals the summary denial of his rule 3.800(a) motion. Scheffer alleges that he pled guilty
Category: Criminal Procedure
891 So. 2d 599, 2005 WL 233948
District Court of Appeal of Florida | Filed: Jan 13, 2005 | Docket: 2546097
Cited 1 times | Published
The appellant's claim is not cognizable under rule 3.800(a) because he relies on an extra-record document
Category: Criminal Procedure
890 So. 2d 315, 2004 WL 2827050
District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1674528
Cited 1 times | Published
he or she has 30 days in which to appeal and Rule 3.800 does not. It is a discrepancy without a reason
Category: Criminal Procedure
885 So. 2d 478, 2004 WL 2409357
District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 1685215
Cited 1 times | Published
petition without prejudice to file a renewed Rule 3.800(c) motion after Plucinik seeks and obtains recall
Category: Criminal Procedure
885 So. 2d 911, 2004 WL 2112771
District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 413887
Cited 1 times | Published
prison as an habitual felony offender. In his Rule 3.800(a) motion, Cook contends that his sentence is
Category: Criminal Procedure
882 So. 2d 493, 2004 Fla. App. LEXIS 13750, 2004 WL 2071215
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832567
Cited 1 times | Published
appeals the trial court’s summary denial of his rule 3.800(a) motion.1 In his motion, Almenares challenged
Category: Criminal Procedure
883 So. 2d 332, 2004 WL 1932746
District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1369619
Cited 1 times | Published
3.850 motions for postconviction relief and a rule 3.800(a) motion to correct illegal sentence. In a cover
Category: Criminal Procedure
881 So. 2d 685, 2004 WL 1906105
District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 861932
Cited 1 times | Published
appeals the trial court's summary denial of his rule 3.800 motion, in which he argued that the court erred
Category: Criminal Procedure
876 So. 2d 675, 2004 WL 1392428
District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1671200
Cited 1 times | Published
Dominguez's life sentence is therefore illegal under Rule 3.800, and we reverse and remand with instructions
Category: Criminal Procedure
865 So. 2d 669, 2004 WL 330876
District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1231151
Cited 1 times | Published
plea agreement and establish what it provided. Rule 3.800 does not allow evidentiary hearings on motions
Category: Criminal Procedure
866 So. 2d 144, 2004 WL 256487
District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1274133
Cited 1 times | Published
pronounced at sentencing.
The appellant filed a rule 3.800(b) motion, wherein he contends that the trial
Category: Criminal Procedure
864 So. 2d 574, 2004 WL 177075
District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 375713
Cited 1 times | Published
summary denial of his motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Hankerson
Category: Criminal Procedure
858 So. 2d 338, 2003 Fla. App. LEXIS 13959, 2003 WL 22136816
District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64826190
Cited 1 times | Published
Enriguez's initial brief was overdue in this court. Rule 3.800(b)(2) states that the motion must be served before
Category: Criminal Procedure
855 So. 2d 132, 2003 WL 21800790
District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1547414
Cited 1 times | Published
cases.[1]
Defendant's present motion is under rule 3.800 and is based on the decision in Burgess. It is
Category: Criminal Procedure
844 So. 2d 753, 2003 WL 21034331
District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 2589459
Cited 1 times | Published
filed pursuant to rule 3.800(a) was pending in this court. However, the pending rule 3.800(a) appeal did
Category: Criminal Procedure
844 So. 2d 753, 2003 WL 21034331
District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 2589459
Cited 1 times | Published
filed pursuant to rule 3.800(a) was pending in this court. However, the pending rule 3.800(a) appeal did
Category: Criminal Procedure
845 So. 2d 243, 2003 WL 2003807
District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1432940
Cited 1 times | Published
correct an illegal sentence at any time. Fla. R.Crim. P. 3.800(a). Bowers should have only served a maximum
Category: Criminal Procedure
840 So. 2d 1163, 2003 WL 1566579
District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 2567898
Cited 1 times | Published
(defendant) appeals the trial court's order denying his rule 3.800(a) motion, in which he asserted he was entitled
Category: Criminal Procedure
841 So. 2d 584, 2003 WL 1567639
District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 287916
Cited 1 times | Published
therefore, he did not present a facially sufficient rule 3.800(a) jail credit claim. Searight v. State, 795
Category: Criminal Procedure
849 So. 2d 324, 2003 Fla. App. LEXIS 2875, 2003 WL 827110
District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 64823926
Cited 1 times | Published
because a defendant is not entitled to file a rule 3.800(b)(2) motion during the appeal of an order denying
Category: Criminal Procedure
837 So. 2d 528, 2003 WL 255718
District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 537510
Cited 1 times | Published
Claims for prison credit are cognizable under rule 3.800(a). See Wiggins v. State, 817 So.2d 1016 (Fla
Category: Criminal Procedure
833 So. 2d 290, 2002 WL 31875084
District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 2575669
Cited 1 times | Published
offender. Coney raised this issue in an earlier rule 3.800(a) proceeding, and it was found to be without
Category: Criminal Procedure
831 So. 2d 762, 2002 WL 31662638
District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 2590381
Cited 1 times | Published
435 (Fla.1992).
Such a claim may be raised by a rule 3.800(a) motion. See Carter v. State, 786 So.2d 1173
Category: Criminal Procedure
830 So. 2d 263, 2002 WL 31525340
District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 2580998
Cited 1 times | Published
facially sufficient claim for jail credit under rule 3.800 by providing the dates for which she is seeking
Category: Criminal Procedure
829 So. 2d 388, 2002 WL 31466449
District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1733599
Cited 1 times | Published
motion to correct illegal sentence pursuant to rule 3.800, Florida Rules of Criminal Procedure. We reverse
Category: Criminal Procedure
829 So. 2d 388, 2002 WL 31466449
District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1733599
Cited 1 times | Published
motion to correct illegal sentence pursuant to rule 3.800, Florida Rules of Criminal Procedure. We reverse
Category: Criminal Procedure
825 So. 2d 477, 2002 WL 1972089
District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 2571433
Cited 1 times | Published
affidavit of Hollerman signed April, 1997 in a rule 3.800(a) motion to correct illegal sentence filed in
Category: Criminal Procedure
823 So. 2d 231, 2002 WL 1758389
District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 2523249
Cited 1 times | Published
to correct illegal sentence filed pursuant to rule 3.800(a). Appellant challenges his habitual violent
Category: Criminal Procedure
820 So. 2d 376, 2002 WL 1021806
District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1306902
Cited 1 times | Published
issued its mandate in an appeal of the denial of a rule 3.800(a) motion on another, unrelated claim. The trial
Category: Criminal Procedure
820 So. 2d 365, 2002 WL 971352
District Court of Appeal of Florida | Filed: May 13, 2002 | Docket: 1362929
Cited 1 times | Published
to Correct Sentencing Error pursuant to Fla. R.Crim. P. 3.800(b)(2), arguing that habitual felony offender
Category: Criminal Procedure
808 So. 2d 274, 2002 WL 265866
District Court of Appeal of Florida | Filed: Feb 26, 2002 | Docket: 44406
Cited 1 times | Published
notice of appeal of the denial of a previous Rule 3.800(a) motion in this Court. On March 6, 2001, the
Category: Criminal Procedure
805 So. 2d 92, 2002 WL 80263
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 172934
Cited 1 times | Published
guidelines scoresheet. Such a claim is cognizable in a rule 3.800(a) motion. See Diaz v. State, 782 So.2d 460 (Fla
Category: Criminal Procedure
805 So. 2d 61, 2002 WL 54509
District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1669469
Cited 1 times | Published
calculation in the sentencing scoresheet. See Fla. R.Crim. P. 3.800(a). We affirm.
Defendant was convicted of
Category: Criminal Procedure
804 So. 2d 531, 2002 WL 15573
District Court of Appeal of Florida | Filed: Jan 8, 2002 | Docket: 638361
Cited 1 times | Published
appellant's Rule 3.800(a) motion, which was filed while an appeal of the appellant's previous Rule 3.800(a) motion
Category: Criminal Procedure
801 So. 2d 289, 2001 WL 1580235
District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 2407575
Cited 1 times | Published
1st DCA 2001). Such a claim is cognizable under rule 3.800(a) as long as the court does not have to resort
Category: Criminal Procedure
794 So. 2d 734, 2001 WL 1103254
District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 2542978
Cited 1 times | Published
the summary denial of his Rule 3.800(a) motion *735 and his amended Rule 3.800(a) motion. He also filed
Category: Criminal Procedure
793 So. 2d 1101, 26 Fla. L. Weekly Fed. D 2093
District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 2588891
Cited 1 times | Published
summarily denying his motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, to the
Category: Criminal Procedure
773 So. 2d 610, 2000 WL 1805203
District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 2529150
Cited 1 times | Published
sentencing hearing or by being raised in his Rule 3.800(b) motion.
HARRIS, PETERSON and GRIFFIN, JJ.
Category: Criminal Procedure
775 So. 2d 353, 2000 WL 1562847
District Court of Appeal of Florida | Filed: Oct 20, 2000 | Docket: 1197732
Cited 1 times | Published
motion to correct an illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claims
Category: Criminal Procedure
779 So. 2d 423, 2000 Fla. App. LEXIS 13193, 2000 WL 1504984
District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64804162
Cited 1 times | Published
days after that sentence is imposed. See Fla. R.Crim. P. 3.800(c). If an order of restitution has been
Category: Criminal Procedure
764 So. 2d 835, 2000 WL 1061990
District Court of Appeal of Florida | Filed: Aug 4, 2000 | Docket: 470369
Cited 1 times | Published
trial court's order summarily denying his sworn Rule 3.800(a) motion. We reverse and remand for further
Category: Criminal Procedure
760 So. 2d 89, 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906
Supreme Court of Florida | Filed: May 11, 2000 | Docket: 64797897
Cited 1 times | Published
opinion.2
We anticipate that the amendments to rule 3.800(b) recently promulgated by this Court in Amendments
Category: Criminal Procedure
753 So. 2d 136, 2000 Fla. App. LEXIS 1004, 2000 WL 139738
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795784
Cited 1 times | Published
for the first time on direct appeal. See Fla. R.Crim. P. 3.800; Gregory v. State, 739 So.2d 100 (Fla. 2d
Category: Criminal Procedure
747 So. 2d 483, 2000 Fla. App. LEXIS 118, 2000 WL 9057
District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793333
Cited 1 times | Published
appeals from an order which summarily denied his Rule 3.800(a) motion which asserted that the trial court
Category: Criminal Procedure
746 So. 2d 1171, 1999 WL 1076809
District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 783011
Cited 1 times | Published
Palm Beach, for appellee.
PER CURIAM.
In his rule 3.800(a) motion to correct illegal sentence, Charles
Category: Criminal Procedure
761 So. 2d 1015, 24 Fla. L. Weekly Supp. 530, 1999 Fla. LEXIS 1989, 1999 WL 1029285
Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64798487
Cited 1 times | Published
attention that uncertainty existed as to whether rule 3.800(b) was intended to apply to capital cases in
Category: Criminal Procedure
717 So. 2d 547, 1998 WL 55682
District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 1277357
Cited 1 times | Published
jurisdiction to increase the sentence. See Fla. R.Crim. P. 3.800(a); Sterling v. State, 682 So.2d 694 (Fla
Category: Criminal Procedure
689 So. 2d 1235, 1997 WL 114929
District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 1739243
Cited 1 times | Published
the appellant's motion under the auspices of rule 3.800(a), we reverse and remand for further proceedings
Category: Criminal Procedure
646 So. 2d 834, 1994 WL 697387
District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 1405320
Cited 1 times | Published
renders the sentence illegal for purposes of Rule 3.800(a). He requests that the reclassification be
Category: Criminal Procedure
641 So. 2d 511, 1994 WL 460727
District Court of Appeal of Florida | Filed: Aug 26, 1994 | Docket: 1152127
Cited 1 times | Published
Rodney Graham appeals the summary denial of his rule 3.800(a)[1] motion to correct an illegal sentence,
Category: Criminal Procedure
601 So. 2d 613, 1992 WL 138995
District Court of Appeal of Florida | Filed: Jun 23, 1992 | Docket: 1710970
Cited 1 times | Published
correct illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800. We affirm.
Roth entered into a plea agreement
Category: Criminal Procedure
595 So. 2d 1056, 1992 WL 43293
District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 557667
Cited 1 times | Published
imposing the restitution requirement. See Fla.R.Crim.P. 3.800(b); and see State v. Butz, 568 So.2d 537
Category: Criminal Procedure
535 So. 2d 622, 1988 WL 131116
District Court of Appeal of Florida | Filed: Dec 12, 1988 | Docket: 2586011
Cited 1 times | Published
correct an illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800(a), alleging that he was sentenced in excess
Category: Criminal Procedure
464 So. 2d 1319, 10 Fla. L. Weekly 662
District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 1500080
Cited 1 times | Published
a motion to correct an illegal sentence. Fla.R. Crim.P. 3.800(a). We affirm.
In 1981, appellant was found
Category: Criminal Procedure
405 So. 2d 503, 1981 Fla. App. LEXIS 21582
District Court of Appeal of Florida | Filed: Nov 6, 1981 | Docket: 64585915
Cited 1 times | Published
days of receipt of this court’s mandate. Fla.R.Crim.P. 3.800.
It should also be noted that appellant has
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276453
Published
respectively.
2
Davis’s timely rule 3.800(b)(2) motion requested that the trial court correct
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275648
Published
motion to
correct sentencing error. See Fla. R. Crim. P. 3.800(b)(2). She argued
that the trial court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259168
Published
[September 3, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259152
Published
appeals, once again appeals the
denial of a rule 3.800(a) motion, this time, under Erlinger v. United
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259163
Published
extent the trial court denied
the appellant’s rule 3.800(a) motion for clarification, we have jurisdiction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209489
Published
reverse in part, and remand.
Appellant’s rule 3.800(b)(2) motion raised four distinct issues. First
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210006
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210006
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210018
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210011
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210005
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210002
Published
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155257
Published
[August 20, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155268
Published
[August 20, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155254
Published
sentencing error that may be preserved through a rule
3.800(b) motion. Hernandez v. State, 137 So. 3d 542
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117375
Published
did not rule on it
within sixty days. Fla. R. Crim. P. 3.800(b)(2)(B) (“[I]f the trial court does not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098334
Published
days, and thus it was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B).
“The standard of review applicable
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098965
Published
[August 13, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098961
Published
[August 13, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098304
Published
preserved after sentencing by a motion under
rule 3.800(b), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038920
Published
(Fla. 1st DCA 2023) (affirming
order denying rule 3.800(a) motion); Mosley v. State, 371 So. 3d 927
(Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71039625
Published
[August 6, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038916
Published
concluded
that this claim is not cognizable under rule 3.800(a). See Martinez
v. State, 211 So. 3d 989, 992
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962824
Published
[July 30, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962138
Published
(“A motion to correct illegal sentence under rule 3.800(a) is not cognizable
where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 24, 2025 | Docket: 70903534
Published
[July 24, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891684
Published
[July 23, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70328222
Published
affirming the trial court’s denial of
Pace’s Rule 3.800(a) Motion, the Florida Supreme Court explicitly
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 18, 2025 | Docket: 70834886
Published
Vazquez-Torres appeals the denial of his successive rule 3.800
motion for correction of illegal sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 18, 2025 | Docket: 70839099
Published
did not raise it until moving for relief
under Rule 3.800(b)(2)—that is, after his sentencing hearing.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70571742
Published
2d 948, 949 (Fla. 1st DCA 2007) (“Relief under rule 3.800(a)
is precluded where an evidentiary determination
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808225
Published
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808227
Published
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808234
Published
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808229
Published
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808228
Published
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740042
Published
[July 9, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740036
Published
[July 9, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699425
Published
se motion to correct an illegal
sentence under Rule 3.800(a). The lower court dismissed the
motion as legally
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690846
Published
and
therefore issue was not preserved); Fla. R. Crim. P. 3.800(a)(1) (“A court
may at any time correct
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70689370
Published
Erlinger issue at sentencing rather than in a rule 3.800(b) motion. We
reject the State's argument
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690863
Published
[July 2, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70691178
Published
[July 2, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690865
Published
[July 2, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690864
Published
[July 2, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 69905399
Published
counsel was
ineffective for failing to file a rule 3.800(b)(2) motion is cognizable in a petition
alleging
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630892
Published
knowingly visit places where
1
See Fla. R. Crim. P. 3.800(b)(2) (delineating the procedure for filing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630285
Published
[June 25, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630285
Published
[June 25, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70629879
Published
(Fla. 2008). Such
a claim is not cognizable in a rule 3.800(b) motion. See id. at 574.
Therefore, in order
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70571747
Published
2d 948, 949 (Fla. 1st DCA 2007) (“Relief under rule 3.800(a)
is precluded where an evidentiary determination
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70571747
Published
2d 948, 949 (Fla. 1st DCA 2007) (“Relief under rule 3.800(a)
is precluded where an evidentiary determination
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70571749
Published
2d 948, 949 (Fla. 1st DCA 2007) (“Relief under rule 3.800(a)
is precluded where an evidentiary determination
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572368
Published
[June 18, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572370
Published
[June 18, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472159
Published
correct
illegal sentence. Because Rivera filed his rule 3.800(b)(2) motion
after his initial brief was filed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472149
Published
imprisonment as a habitual
felony offender (HFO). In his rule 3.800(a) motion, he argues that his
sentences for two
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472158
Published
and found by the trial court in
denying Scott’s Rule 3.800(b)(2) motion. Scott’s prison sentences
were either
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454073
Published
without opinion.
Jones then timely filed the rule 3.800(c) motion at issue to mitigate his
sentence.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454061
Published
phrase “sentencing error” that
may be brought by rule 3.800(b) motion to errors in the sentencing
order and
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70409813
Published
they involved appeals solely of orders
denying rule 3.800(c) motions rather than direct appeals from judgments
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70410353
Published
HFO sentences “is not the kind of issue
that Rule 3.800(a) motions are intended to resolve,” and (2)
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70410353
Published
HFO sentences “is not the kind of issue
that Rule 3.800(a) motions are intended to resolve,” and (2)
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 21, 2025 | Docket: 70328233
Published
[May 21, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260117
Published
thus the
motion was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B).
Section 938.27(1), Florida
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260683
Published
[May 14, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260686
Published
[May 14, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260697
Published
[May 14, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260104
Published
second-degree murder. However, as Appellant argued in his rule
3.800(b) motion, the trial court miscalculated the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188189
Published
[May 7, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188193
Published
[May 7, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188190
Published
[May 7, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188192
Published
[May 7, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188178
Published
(unpublished table decision)
(affirming order denying rule 3.800(a) motion). Accordingly, we affirm the
denial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70052639
Published
can't do that."
Walden asserted in his rule 3.800(a) motion that "the lawyers and
the court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998657
Published
[April 30, 2025]
Appeal of order denying Rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998653
Published
[April 30, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 25, 2025 | Docket: 69942882
Published
counsel at any resentencing proceeding from
a rule 3.800(a) motion[.]”). Jordan v. State, 143 So. 3d 335
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929826
Published
[April 23, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 17, 2025 | Docket: 69905399
Published
counsel was
ineffective for failing to file a rule 3.800(b)(2) motion is cognizable in a petition
alleging
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864085
Published
Brantley’s motion, so it was deemed denied. See Fla. R. Crim. P.
3.800(b)(2)(B). Brantley preserved the issue
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864391
Published
[April 9, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843627
Published
not sentences are not cognizable pursuant to rule
3.800(a)); Denson v. State, 50 Fla. L. Weekly D257
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834277
Published
fundamental sentencing error by motion
under rule 3.800(b) or by objection during the sentencing hearing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807916
Published
requires a probationary period in
this case, rule 3.800(a) does not permit a defendant to challenge an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793429
Published
CORRECTED OPINION
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793429
Published
[March 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793425
Published
defendant] cannot show that
the denial of his rule 3.800(a) motion resulted in harm that may be remedied
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69766587
Published
motion for postconviction relief pursuant to rule
3.800(a). Perez argued that his sentence was illegal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69728629
Published
circuit court denied as not cognizable under rule 3.800(a).
While the state does not concede the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705896
Published
[March 5, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674162
Published
special concern. He subsequently brought a Fla. R. Crim. P.
3.800(b)(2) motion to correct sentence, arguing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674160
Published
676 So. 2d 1030, 1031 (Fla. 3d DCA
1996) (“‘Rule 3.800(a) is intended to provide relief for a narrow
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632708
Published
[February 12, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632242
Published
extent Lancaster challenges the order denying his
rule 3.800(a) motion, the appeal is dismissed for lack of
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632700
Published
oral and written sentence is cognizable in a rule 3.800(a)
proceeding”).
In his motion, Cooper
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612583
Published
[February 5, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 28, 2025 | Docket: 69587088
Published
under Apprendi and Blakely are
cognizable in a rule 3.800(a) motion.” Plott v. State, 148 So. 3d 90,
95
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2025 | Docket: 69554643
Published
within the
purview of a sentencing error under rule 3.800(b)”); cf. also
Jackson v. State, 983 So. 2d 562
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2025 | Docket: 69555099
Published
preserved the issue by either filing a
motion under rule 3.800(b) or by objecting during the sentencing hearing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546096
Published
[January 15, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525397
Published
of a judicial determination or error.” Fla.
R. Crim. P. 3.800 court cmt. Such an error occurs where the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525662
Published
circuit court properly denied the defendant’s rule 3.800(b)(2)
motion with the exception of one cost—the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514564
Published
his motion to correct sentencing errors under
rule 3.800(b)(2). We affirm Glaubius's convictions
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69323778
Published
filed a motion to correct sentencing error
under rule 3.800(b)(2), Florida Rules of Criminal Procedure, in
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2024 | Docket: 69486118
Published
The trial court, in fact, granted Williams’s rule 3.800(b)(2) motion; however,
it did not do so within
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455591
Published
2024]
Consolidated appeal of orders denying rule 3.800 motions from the
Circuit Court for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435183
Published
ruling on the motion within sixty days.
See Fla. R. Crim. P. 3.800(b)(2)(B). Defendant raises three issues
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69420033
Published
the trial court conducted its hearing on the rule 3.800(b)(2)
motion twenty-six days after it was filed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419281
Published
than an error in the sentence itself, and
that rule 3.800(b) is therefore an improper mechanism for preserving
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69171806
Published
[November 20, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393188
Published
making a contemporaneous objection or by
filing a rule 3.800(b) motion. See Moore v. State, 768 So. 2d 1140
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378868
Published
prior to July 1, 2013.” Id. It also amended
rule 3.800(a)’s bases for relief to exclude a claim that
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378568
Published
facially
sufficient claim for relief pursuant to Rule 3.800(a). The trial
court’s summary denial of the claims
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378571
Published
obtainable, the
court should deny Appellant's Rule 3.800(a) motion on Ground (1)
without prejudice to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369596
Published
rather than by information is not cognizable under rule
3.800(a). See Echeverria v. State, 949 So. 2d 331,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369597
Published
sentencing guidelines
may not be brought pursuant to [rule 3.800(a)] if the departure
sentence is within the legal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 8, 2024 | Docket: 69354856
Published
STRIKE INITIAL BRIEF AND
TO PERMIT THE FILING OF A RULE 3.800(b)(2) MOTION TO
CORRECT ILLEGAL SENTENCE
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 8, 2024 | Docket: 69355331
Published
(Fla. 6th DCA 2023) (recognizing that
under rule 3.800(b)(2), when the trial court does not rule on
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347453
Published
Appellant’s initial brief was filed. See Fla. R. Crim. P. 3.800(b)(2)
(“The motion may be filed by appellate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347464
Published
contemplated in rule 3.800(b).
17
Rule 3.800(b) is used to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347198
Published
objection and where error
cannot be raised in a rule 3.800(b) motion, the error can be remedied on
appeal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347198
Published
objection and where error
cannot be raised in a rule 3.800(b) motion, the error can be remedied on
appeal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69323778
Published
filed a motion to correct sentencing error under
rule 3.800(b)(2), Florida Rules of Criminal Procedure, in
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324294
Published
sentence. This is not a cognizable claim under rule 3.800(a). 1
In 1990, Smith was charged with
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265868
Published
correcting the mistake was untimely. See Fla. R. Crim. P.
3.800(b)(2)(B) (“The trial court shall resolve
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266591
Published
“A motion to correct illegal sentence under rule 3.800(a) is not
cognizable where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2024 | Docket: 69257780
Published
rule on the motion within sixty days. See Fla.
R. Crim. P. 3.800(b)(2)(B). The State concedes the scrivener’s
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234599
Published
for appeal because it was raised in Appellant’s rule 3.800(b)(2)
motion. Since the State does not dispute
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171806
Published
[September 18, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171509
Published
Appellant’s motions to correct sentence under rule 3.800(b)(2),
Florida Rules of Criminal Procedure, did
Category: Criminal Procedure
Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155441
Published
jurisdiction is in the supreme court.”
See Fla. R. Crim. P. 3.800(b).
-
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151115
Published
its initial nonfinal order granting Morgan’s rule
3.800(a) motion.” Id. at 718.
As applied to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151113
Published
(Fla. 2d DCA 2001)
(affirming the denial of a rule 3.800 motion which, if treated properly as a rule
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151377
Published
cognizable in a postconviction motion under either
rule 3.800, or rule 3.850.”). We affirm the order below
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151387
Published
[September 11, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135340
Published
amended fee
order, are the subject of this appeal. Rule 3.800 provides that "[w]ithin
[sixty] days from
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135351
Published
sentence.
2
Golphin’s timely rule 3.800(b)(2) motion requested that the trial court
correct
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135339
Published
should be construed as a motion for relief under rule
3.800(a).
1 Mollica's petition is difficult
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 69042410
Published
which the trial court did not rule. See Fla. R. Crim. P.
3.800(b)(2). First, although the trial court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2024 | Docket: 69067580
Published
[August 22, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2024 | Docket: 68494307
Published
[August 22, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68234669
Published
appeal, defendants must first file a motion under rule 3.800(b)”).
Whether Harris has another avenue by which
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 68792897
Published
the defendant or scrivener’s errors.
See Fla. R. Crim. P. 3.800(b). By adding a no-contact order, which
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050271
Published
603 (Fla. 2007) (citations
omitted). While rule 3.800(a) allows courts to correct illegal sentences
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2024 | Docket: 69046294
Published
[August 15, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2024 | Docket: 69046024
Published
[August 15, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2024 | Docket: 69046290
Published
[August 15, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2024 | Docket: 68510416
Published
[August 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2024 | Docket: 68510416
Published
[August 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2024 | Docket: 69025993
Published
[August 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68886699
Published
[August 7, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 1, 2024 | Docket: 69006070
Published
[August 1, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 1, 2024 | Docket: 69006073
Published
[August 1, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68981094
Published
Procedure 3.800(b)(1).2 Motions filed under rule 3.800(b)(1) toll rendition of the
final order for
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 24, 2024 | Docket: 68526230
Published
[July 24, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950376
Published
State, 60 So. 3d 1045, 1050 (Fla. 2011)
(“Under rule 3.800(a), ‘the burden [is on] the petitioner to demonstrate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 11, 2024 | Docket: 68934037
Published
[July 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 11, 2024 | Docket: 68934049
Published
[July 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 11, 2024 | Docket: 68934041
Published
[July 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68912877
Published
the supreme
court held is not cognizable in a rule 3.800(a) motion.”); Brooks v. State, 969
So. 2d 238
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913283
Published
[July 3, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913318
Published
[July 3, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913318
Published
[July 3, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68912646
Published
[July 3, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68912646
Published
[July 3, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68912878
Published
sentencing errors cognizable by
motion under rule 3.800(b)).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 27, 2024 | Docket: 68891407
Published
[June 27, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 27, 2024 | Docket: 68891804
Published
[June 27, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 27, 2024 | Docket: 68891406
Published
[June 27, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886302
Published
(Fla.
1st DCA 2013) (affirming order denying a rule 3.800(a) motion);
Ames v. State, 166 So. 3d 767 (Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 20, 2024 | Docket: 68870164
Published
[June 20, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68855842
Published
II.
The State did not cite rule 3.800 in its motion to modify Mr.
Islaam's sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2024 | Docket: 68852333
Published
[June 13, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2024 | Docket: 68852350
Published
[June 13, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2024 | Docket: 68852339
Published
[June 13, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68381321
Published
“sentencing error” that could be
raised by motion under Rule 3.800(b). Melton v. State, 49 Fla. L.
Weekly D688,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68836556
Published
So. 3d 1057, 1059 (Fla.
3d DCA 2009))).
Rule 3.800(a) states, "A court may at any time correct
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68837073
Published
conditions of
probation were violated. Appellant’s rule 3.800 motion sought a
written order that included that
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2024 | Docket: 68833129
Published
[June 6, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2024 | Docket: 68833136
Published
[June 6, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2024 | Docket: 68833133
Published
[June 6, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829284
Published
a motion to correct a
sentencing error under Rule 3.800(b), or through a postconviction
motion under
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68042986
Published
conviction and, by default, the sentence,
while rule 3.800(a) is limited to claims that a sentence itself
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2024 | Docket: 68809695
Published
[May 30, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 24, 2024 | Docket: 68562341
Published
days, it was deemed automatically denied. Fla. R. Crim. P.
3.800(b)(2)(B) (“[I]f the trial court does not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 23, 2024 | Docket: 68557928
Published
[May 23, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68253623
Published
sentence. The standard of review for the denial of a rule 3.800(a)
motion to correct illegal sentence is de novo
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 16, 2024 | Docket: 68534850
Published
[May 16, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 16, 2024 | Docket: 68534846
Published
[May 16, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529924
Published
order is an error that may be preserved in a Rule
3.800(b) motion.”); Anglin v. State, 369 So. 3d 1167
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514369
Published
[May 9, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514367
Published
[May 9, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514379
Published
[May 9, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514372
Published
[May 9, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514378
Published
[May 9, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68514370
Published
[May 9, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2024 | Docket: 68161967
Published
[May 9, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 2, 2024 | Docket: 68494355
Published
[May 2, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490764
Published
Thus, the motion was
deemed denied, see Fla. R. Crim. P. 3.800(b)(2)(B), which we reverse. The
defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 25, 2024 | Docket: 68471708
Published
[April 25, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68048327
Published
based on such a failure is not cognizable
under rule 3.800(a). See Gary v. State, 276 So. 3d 401, 402 (Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68466334
Published
court’s adjudication of a criminal defendant’s rule
3.800(c) postconviction motion seeking to mitigate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68272574
Published
court did not issue a timely ruling. See Fla. R.
Crim. P. 3.800(b)(2).
2 We are aware of the Fifth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 18, 2024 | Docket: 68448563
Published
[April 18, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68431400
Published
is not cognizable in a rule 3.800(a). However,
a motion filed under rule 3.800(a) should be treated as
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 11, 2024 | Docket: 68427210
Published
[April 11, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422848
Published
overall probation. On its face, then, Folsom’s rule 3.800(a)
motion failed to state a basis for relief
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68034691
Published
days, and thus it was deemed denied. See
Fla. R. Crim. P. 3.800(b)(2)(B) (“[I]f the trial court does not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 4, 2024 | Docket: 68407976
Published
[April 4, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 4, 2024 | Docket: 68407939
Published
[April 4, 2024]
Appeal of order denying in part rule 3.800 motion from the Circuit
Court for the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403109
Published
(“[Double
jeopardy] claims are not cognizable in a rule 3.800(a) motion, as they are
procedurally barred.”);
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 28, 2024 | Docket: 68384711
Published
[March 28, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 28, 2024 | Docket: 68384708
Published
[March 28, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68381321
Published
was raised for the first time in Appellant’s rule 3.800(b)(2) motion,
and this issue is not cognizable
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68335766
Published
[March 27, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68335766
Published
CORRECTED OPINION
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68381324
Published
erroneously advised Davis that the filing of the rule 3.800(a)
motion would toll the time to file a motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68381324
Published
erroneously advised Davis that the filing of the rule 3.800(a)
motion would toll the time to file a motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2024 | Docket: 68366268
Published
postconviction court’s summary denial of his rule 3.800(a) motion
to correct illegal sentence. In an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 21, 2024 | Docket: 68362483
Published
[March 21, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 21, 2024 | Docket: 68362479
Published
[March 21, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68230266
Published
also agreed in its response to Santiago’s timely rule 3.800(b)(2)
motion. That motion was deemed denied,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335492
Published
sentencing the ground upon which
her later-filed rule 3.800(b)(2) motion asked the court to reconsider a
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335149
Published
DCA
2010) (affirming trial court’s denial of rule 3.800(a) motion to correct illegal
sentence without
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 68034674
Published
within sixty days, it was deemed denied. Fla. R. Crim. P.
3.800(b)(2)(B) (“[I]f the trial court does not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 7, 2024 | Docket: 68317982
Published
[March 7, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313543
Published
within sixty
days after it was filed. See Fla. R. Crim. P. 3.800(b)(2)(B).
The state concedes the prosecution
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313543
Published
within sixty
days after it was filed. See Fla. R. Crim. P. 3.800(b)(2)(B).
The state concedes the prosecution
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313531
Published
[March 6, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 29, 2024 | Docket: 68300061
Published
[February 29, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290530
Published
“sentencing error” that requires a motion under rule 3.800(b)
as a condition precedent to our consideration
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68034430
Published
2
In 2017, Battle filed a rule 3.800(a) motion to correct illegal
sentence directed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 22, 2024 | Docket: 68272556
Published
[February 22, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 22, 2024 | Docket: 68272572
Published
[February 22, 2024]
Appeal of order denying rule 3.800 and 3.850 motion from the Circuit
Court for the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268134
Published
[February 21, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 15, 2024 | Docket: 68138181
Published
[February 15, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249803
Published
to correct illegal
sentence. The defendant’s rule 3.800(b)(2) motion summarized:
Th[e] [circuit]
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249557
Published
carjacking).
There, a juvenile defendant filed a Rule 3.800 motion concerning his life
sentence without parole
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2024 | Docket: 68008408
Published
[February 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2024 | Docket: 68234667
Published
[February 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2024 | Docket: 68234655
Published
[February 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2024 | Docket: 68234663
Published
[February 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2024 | Docket: 68234661
Published
[February 8, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2024 | Docket: 68215560
Published
[February 1, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2024 | Docket: 68215569
Published
[February 1, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2024 | Docket: 68215560
Published
[February 1, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2024 | Docket: 68192142
Published
[January 25, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2024 | Docket: 68192126
Published
[January 25, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2024 | Docket: 68192132
Published
[January 25, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2024 | Docket: 68192132
Published
[January 25, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68188290
Published
. . . are not subject to correction
through rule 3.800(a).”); Branch v. State, 322 So. 3d 209, 210 (Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 18, 2024 | Docket: 68168696
Published
[January 18, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165710
Published
Rule of Criminal Procedure 3.800(b)(2). But a
rule 3.800(b)(2) motion is meant to correct “‘harmful errors
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63401319
Published
themselves, a rule 3.800(b) motion is not required to preserve the issues;
in fact, rule 3.800(b) is an improper
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152811
Published
[January 11, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152803
Published
[January 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152808
Published
[January 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152804
Published
[January 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152807
Published
[January 11, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 11, 2024 | Docket: 68152805
Published
[January 11, 2024]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149068
Published
motion,
the motion is deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B).1
Defendant’s appeal followed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149062
Published
was deemed
denied by operation of law. Fla. R. Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 4, 2024 | Docket: 68135357
Published
[January 4, 2024]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68008457
Published
memorandum or at sentencing. The
appellant’s rule 3.800(b)(2) motion contended that the Ohio statute
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132273
Published
to rule 3.800(a), and noting:
“Given the absence of any time limitation for filing a [rule 3.800(a)]
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 28, 2023 | Docket: 68120488
Published
[December 28, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 28, 2023 | Docket: 68120482
Published
[December 28, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 28, 2023 | Docket: 68028674
Published
[December 28, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 27, 2023 | Docket: 68117123
Published
table decision) (affirming order denying rule
3.800(a) motion); Morales v. State, Case No. 1D18-0169
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68092095
Published
conviction. Such a claim is not
cognizable in a rule 3.800(a) motion and should be raised in a rule
3.850
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68091952
Published
motion to correct illegal
sentence pursuant to rule 3.800(a). We reversed the denial of his claim
in ground
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68091952
Published
motion to correct illegal
sentence pursuant to rule 3.800(a). We reversed the denial of his claim
in ground
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68003705
Published
months' imprisonment.
Treadway filed a second rule 3.800(b)(2) motion that the trial court
denied. This
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2023 | Docket: 68069474
Published
[December 7, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68066272
Published
jurisdiction to decide the
merits of Appellant’s rule 3.800(a) motion. See Lowe v. State, 152
So. 3d 1279
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053965
Published
to correct illegal sentence filed pursuant to Rule 3.800(a) of
the Florida Rules of Criminal Procedure
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053963
Published
that such an
argument is not cognizable under a rule 3.800 motion, Thomas’s
argument is without merit, as
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 30, 2023 | Docket: 68048311
Published
[November 30, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 67818763
Published
to Correct
Sentencing Errors Pursuant to Fla. R. Crim. P. 3.800(b)," alleging that he
was entitled
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 16, 2023 | Docket: 68012033
Published
[November 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 16, 2023 | Docket: 68012033
Published
[November 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008457
Published
memorandum or at sentencing. The
appellant’s rule 3.800(b)(2) motion did not seek proof of the elements
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008441
Published
either rule 3.800 or 3.850. Nor
could it properly be considered by the trial court as a rule 3.800(a) or
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008429
Published
correct these
portions of her sentence under rule 3.800(b), Florida Rules of
Criminal Procedure. The
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 9, 2023 | Docket: 68003649
Published
[November 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 1, 2023 | Docket: 67934545
Published
conviction and the sentence. A
motion under rule 3.800(a) is not available where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2023 | Docket: 67818763
Published
to Correct
Sentencing Errors Pursuant to Fla. R. Crim. P. 3.800(b)," alleging that he
was entitled
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2023 | Docket: 67811266
Published
sentence illegal and thus falls under the scope of a rule 3.800(b)(2)
motion to correct sentencing error). The
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 67636695
Published
affirmance. As to Richardson’s claim brought under rule 3.800(a)
to correct an illegal sentence, for a sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 7, 2023 | Docket: 67769971
Published
[September 7, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 7, 2023 | Docket: 67769971
Published
[September 7, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 7, 2023 | Docket: 67769964
Published
[September 7, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 7, 2023 | Docket: 67769964
Published
[September 7, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765035
Published
trial court also issued an order denying the rule 3.800 motion. The order
provided that the sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2023 | Docket: 67748987
Published
[August 31, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744020
Published
DCA 2001) (affirming trial court order denying rule
3.800(a) motion, and noting that defendant’s claim
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 24, 2023 | Docket: 67723775
Published
[August 24, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 24, 2023 | Docket: 67723779
Published
[August 24, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 24, 2023 | Docket: 67723780
Published
[August 24, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718528
Published
after
appellant’s motion was filed. See Fla. R. Crim. P. 3.800(b)(2)(B) (“[I]f the
trial court does not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718530
Published
[August 23, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2023 | Docket: 67699880
Published
[August 17, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2023 | Docket: 67681314
Published
[August 10, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2023 | Docket: 67677266
Published
restitution had been based. The trial court granted the rule 3.800(b)
motion as it pertained to resentencing but
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2023 | Docket: 67677267
Published
[August 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2023 | Docket: 67677170
Published
(“A motion to correct illegal sentence under rule 3.800(a) is
not cognizable where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657804
Published
was deemed denied. Fla. R. Crim. P. 3.800(b)(2)(B). Appellant filed his
rule 3.800(b)(2) motion where
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657803
Published
not enter a
ruling within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B). This timely
appeal follows.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2023 | Docket: 67636685
Published
filing a motion to correct
sentence pursuant to [rule] 3.800(b)”); see also Thomas v. State, 763 So. 2d
316
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2023 | Docket: 67622102
Published
[July 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2023 | Docket: 67622101
Published
[July 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2023 | Docket: 67622124
Published
[July 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 67618539
Published
open plea of no-contest, and the denial of his rule 3.800
motion to correct sentencing error. Defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 63180078
Published
motion to correct sentencing error, pursuant to Rule
3.800(b)(2), Florida Rule of Criminal Procedure, because
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 63180078
Published
motion to correct sentencing error, pursuant to Rule
3.800(b)(2), Florida Rule of Criminal Procedure, because
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604702
Published
[July 13, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604699
Published
[July 13, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604715
Published
[July 13, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604710
Published
[July 13, 2023]
Appeal from order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604689
Published
[July 13, 2023]
Appeal of order denying rule 3.800 motions from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67604721
Published
[July 13, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67600935
Published
(“We agree with the State’s
argument that in rule 3.800(a) proceedings the process of sentence
correction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 6, 2023 | Docket: 67561805
Published
[July 6, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 29, 2023 | Docket: 67538867
Published
[June 29, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 29, 2023 | Docket: 67538875
Published
[June 29, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 67515872
Published
judicata may not apply to motions filed under rule 3.800, the
similar, but more narrow, doctrine of collateral
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 67515881
Published
[June 21, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 15, 2023 | Docket: 67503307
Published
[June 15, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 15, 2023 | Docket: 67503299
Published
[June 15, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 8, 2023 | Docket: 67485781
Published
[June 8, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 8, 2023 | Docket: 67485787
Published
[June 8, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 65420656
Published
allow Morris
to file a timely motion pursuant to rule 3.800(b) raising this argument.
If a probationer
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 1, 2023 | Docket: 67461475
Published
[June 1, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 25, 2023 | Docket: 67423036
Published
[May 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 25, 2023 | Docket: 67423008
Published
[May 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 25, 2023 | Docket: 67423028
Published
[May 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 25, 2023 | Docket: 67423023
Published
[May 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419149
Published
(“A
motion to correct illegal sentence under rule 3.800(a) is not cognizable
where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 18, 2023 | Docket: 67404484
Published
[May 18, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2023 | Docket: 67366073
Published
[May 11, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2023 | Docket: 67366073
Published
[May 11, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2023 | Docket: 67366095
Published
[May 11, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2023 | Docket: 67366098
Published
[May 11, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2023 | Docket: 67366083
Published
[May 11, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 4, 2023 | Docket: 67324137
Published
[May 4, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 27, 2023 | Docket: 67277989
Published
[April 27, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270678
Published
[April 26, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270675
Published
under rule 3.850 even if improperly
labeled as a rule 3.800 motion”). Additionally, despite the State’s
argument
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2023 | Docket: 67229751
Published
[April 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2023 | Docket: 67229737
Published
[April 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2023 | Docket: 67229723
Published
[April 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2023 | Docket: 67229770
Published
[April 20, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221682
Published
[April 19, 2023]
Consolidated orders denying rule 3.800(a) and rule 3.850 motions from
the Circuit Court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 13, 2023 | Docket: 67182375
Published
[April 13, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 13, 2023 | Docket: 67182377
Published
[April 13, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174373
Published
(“A motion to correct illegal sentence under rule
3.800(a) is not cognizable where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 66922394
Published
October 19, 2022, Ross, now pro se, filed his rule 3.800(c) motion
seeking a reduction in his sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105038
Published
(“We
agree with the State’s argument that in rule 3.800(a) proceedings the
process of sentence correction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 23, 2023 | Docket: 67078484
Published
[March 23, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 23, 2023 | Docket: 67078490
Published
[March 23, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 23, 2023 | Docket: 67078471
Published
[March 23, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068644
Published
[March 22, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 16, 2023 | Docket: 67020548
Published
[March 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 9, 2023 | Docket: 66975361
Published
[March 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 9, 2023 | Docket: 66975359
Published
[March 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 8, 2023 | Docket: 66970035
Published
[March 8, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 3, 2023 | Docket: 68034758
Published
object at trial or raise this specific issue in a rule
3.800(b)(2) motion); cf. Jones v. State, 898 So. 2d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 3, 2023 | Docket: 68034759
Published
object at trial or raise this specific issue in a rule
3.800(b)(2) motion); cf. Jones v. State, 898 So. 2d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 66922396
Published
[March 2, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 66922409
Published
[March 2, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 66922407
Published
[March 2, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 66922398
Published
[March 2, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 23, 2023 | Docket: 66838510
Published
[February 23, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 23, 2023 | Docket: 66838514
Published
[February 23, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833811
Published
2004)("A sentence is illegal for purposes of rule 3.800(a)
if it imposes punishment that no judge could
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 16, 2023 | Docket: 66818443
Published
[February 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 16, 2023 | Docket: 66818457
Published
[February 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 16, 2023 | Docket: 66818435
Published
[February 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 16, 2023 | Docket: 66818435
Published
[February 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 16, 2023 | Docket: 66818417
Published
[February 16, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2023 | Docket: 66799571
Published
[February 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2023 | Docket: 66799566
Published
[February 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2023 | Docket: 66799588
Published
[February 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2023 | Docket: 66799585
Published
[February 9, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2023 | Docket: 66799564
Published
[February 9, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795940
Published
of the
filing of Mesa’s motion.
Under rule 3.800(b)(2)(B), if the trial court does not file an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 2, 2023 | Docket: 66780970
Published
[February 2, 2023]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 2, 2023 | Docket: 66780983
Published
[February 2, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 26, 2023 | Docket: 66761087
Published
[January 26, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757260
Published
[January 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757260
Published
[January 25, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 12, 2023 | Docket: 66717136
Published
[January 12, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 12, 2023 | Docket: 66717134
Published
[January 12, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 12, 2023 | Docket: 66717135
Published
[January 12, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 12, 2023 | Docket: 66717121
Published
[January 12, 2023]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698558
Published
days, the motion was deemed denied. See Fla. R. Crim. P.
3.800(b)(2)(B). Appellant raises the same claims
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698489
Published
pronounces sentence. And that would be under
Rule 3.800.
3
The trial judge who conducted the community
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 22, 2022 | Docket: 66677497
Published
[December 22, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 66621460
Published
[December 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 66621466
Published
[December 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 66621464
Published
[December 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 66621464
Published
[December 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 66621473
Published
[December 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617073
Published
Richardson 1 hearing, and in
denying the defendant’s Rule 3.800(b) motion. We affirm in part and
reverse in part
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617077
Published
[December 7, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 1, 2022 | Docket: 66579920
Published
[December 1, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879523
Published
costs assessment claim may be preserved in a Rule
3.800(b) motion. Bartolone v. State, 327 So. 3d 331
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2022 | Docket: 63144871
Published
In 2018, Appellee, through counsel, filed a rule 3.800(a) motion in
which he challenged the legality
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 17, 2022 | Docket: 65761631
Published
[November 17, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 17, 2022 | Docket: 65761629
Published
[November 17, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742487
Published
[November 9, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742486
Published
[November 9, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
Supreme Court of Florida | Filed: Nov 3, 2022 | Docket: 65664767
Published
Court of Appeal held that
an order granting a rule 3.800(a) 1 motion and determining that a
sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2022 | Docket: 65635472
Published
Wright appeals the trial court’s denial of his Rule 3.800 motion
to correct sentencing error. Mr. Wright
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 13, 2022 | Docket: 65420667
Published
[October 13, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417134
Published
[October 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417097
Published
(“A motion to correct illegal sentence under
rule 3.800(a) is not cognizable where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404759
Published
[October 6, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404766
Published
[October 6, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 3, 2022 | Docket: 63232489
Published
resentencing in appeal from
order denying relief under rule 3.800(a) and directing that judgment be
corrected
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389441
Published
[September 30, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389441
Published
[September 30, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389433
Published
[September 30, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389433
Published
[September 30, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146
Published
within sixty days, so it is deemed
denied. Fla. R. Crim. P. 3.800(b)(2)(B).
1 Parrish also argued
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2022 | Docket: 65367540
Published
[September 22, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2022 | Docket: 65367547
Published
[September 22, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365635
Published
directed to resolve the motion in accordance
with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 16, 2022 | Docket: 65353375
Published
sentence without prejudice for appellant to file a rule 3.800(b)
1 Although the scrivener's
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 16, 2022 | Docket: 65353378
Published
(Fla. 2d DCA 2008) (holding that by filing a rule 3.800(b) motion to
correct sentencing error, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 16, 2022 | Docket: 65353379
Published
A general sentence claim can be raised in a rule 3.800(a)
motion. See Holmes v. State, 100 So. 3d 281
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2022 | Docket: 65350040
Published
[September 15, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2022 | Docket: 65350027
Published
[September 15, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2022 | Docket: 65350034
Published
[September 15, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2022 | Docket: 65350043
Published
[September 15, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 8, 2022 | Docket: 64984013
Published
[September 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 8, 2022 | Docket: 64984007
Published
[September 8, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 1, 2022 | Docket: 64942138
Published
[September 1, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 1, 2022 | Docket: 64942138
Published
[September 1, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 1, 2022 | Docket: 64942143
Published
[September 1, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 1, 2022 | Docket: 64942146
Published
[September 1, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937034
Published
A motion
to correct illegal sentence under rule 3.800(a) is not cognizable where, as
here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 25, 2022 | Docket: 64921114
Published
[August 25, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 25, 2022 | Docket: 64921118
Published
[August 25, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 18, 2022 | Docket: 64902144
Published
[August 18, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 18, 2022 | Docket: 64902135
Published
[August 18, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 11, 2022 | Docket: 64884759
Published
[August 11, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 11, 2022 | Docket: 64884748
Published
[August 11, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 11, 2022 | Docket: 64884749
Published
[August 11, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881554
Published
[August 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 4, 2022 | Docket: 64868466
Published
[August 4, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 4, 2022 | Docket: 64868467
Published
[August 4, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 4, 2022 | Docket: 64868471
Published
[August 4, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 29, 2022 | Docket: 68035307
Published
Procedure 3.800(b).” Id.
Accordingly, because rule 3.800(b) sets forth certain procedures and
specific
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 29, 2022 | Docket: 68035307
Published
Procedure 3.800(b).” Id.
Accordingly, because rule 3.800(b) sets forth certain procedures and
specific
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 28, 2022 | Docket: 64452030
Published
[July 28, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435978
Published
motion to correct an illegal
sentence under rule 3.800, Florida Rules of Criminal Procedure. 1 Sampson
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435978
Published
motion to correct an illegal
sentence under rule 3.800, Florida Rules of Criminal Procedure. 1 Sampson
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591343
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591325
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591344
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591338
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591342
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 14, 2022 | Docket: 63591355
Published
[July 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588185
Published
2008 to resentence the defendant pursuant to a Rule 3.800(a)
motion to five years on two separate counts
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 30, 2022 | Docket: 63560777
Published
[June 30, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 30, 2022 | Docket: 63560785
Published
[June 30, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556661
Published
[June 29, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556661
Published
[June 29, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405114
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405121
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405115
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405123
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405107
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405119
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405099
Published
[June 23, 2022]
Appeal of order denying rule 3.800 from the Circuit Court for the
Fifteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405099
Published
[June 23, 2022]
Appeal of order denying rule 3.800 from the Circuit Court for the
Fifteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2022 | Docket: 63405132
Published
[June 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 22, 2022 | Docket: 63401312
Published
Criminal Procedure Rule 3.800(a).1 He claims that pursuant to the plea
1
Rule 3.800(a) does not afford
Category: Criminal Procedure
Supreme Court of Florida | Filed: Jun 16, 2022 | Docket: 63389126
Published
This Court has explained
that the policy behind rule 3.800(a) “includes concerns that a
defendant not be
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 16, 2022 | Docket: 63389133
Published
[June 16, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 16, 2022 | Docket: 63389138
Published
[June 16, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 16, 2022 | Docket: 63389131
Published
[June 16, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 16, 2022 | Docket: 63389142
Published
[June 16, 2022]
Appeal from order denying rule 3.800 motion in the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 9, 2022 | Docket: 63372609
Published
[June 9, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 9, 2022 | Docket: 63372567
Published
[June 9, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 9, 2022 | Docket: 63372619
Published
[June 9, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 26, 2022 | Docket: 63339322
Published
[May 26, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 26, 2022 | Docket: 63339322
Published
[May 26, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 19, 2022 | Docket: 63322234
Published
[May 19, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 19, 2022 | Docket: 63322230
Published
[May 19, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 19, 2022 | Docket: 63322232
Published
[May 19, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 19, 2022 | Docket: 63322232
Published
[May 19, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 19, 2022 | Docket: 63322221
Published
[May 19, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318843
Published
this special condition. Defendant
later filed a rule 3.800(b)(2) motion to correct his sentence, arguing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305081
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305088
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305118
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305087
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305111
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 12, 2022 | Docket: 63305089
Published
[May 12, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301698
Published
[May 11, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 5, 2022 | Docket: 63288810
Published
2022]
Consolidated appeals of orders denying rule 3.800 motions from the
Circuit Court for the Fifteenth
Category: Criminal Procedure
Supreme Court of Florida | Filed: Apr 28, 2022 | Docket: 63270166
Published
S. 701
(2014). Pittman subsequently filed a rule 3.800(a) motion arguing
that his death sentences are
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 28, 2022 | Docket: 63270176
Published
[April 28, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 28, 2022 | Docket: 63270174
Published
[April 28, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 21, 2022 | Docket: 63252855
Published
[April 21, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 21, 2022 | Docket: 63252856
Published
[April 21, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 21, 2022 | Docket: 63252848
Published
[April 21, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249412
Published
[April 20, 2022]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249413
Published
[April 20, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 14, 2022 | Docket: 63236213
Published
[April 14, 2022]
Appeal of order denying rule 3.800 motion the Circuit Court for the
Fifteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 14, 2022 | Docket: 63236214
Published
[April 14, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 31, 2022 | Docket: 63202501
Published
[March 31, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 31, 2022 | Docket: 63202506
Published
[March 31, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 24, 2022 | Docket: 63183549
Published
[March 24, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180108
Published
[March 23, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 17, 2022 | Docket: 63166189
Published
[March 17, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 10, 2022 | Docket: 63148382
Published
[March 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 10, 2022 | Docket: 63148366
Published
[March 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 10, 2022 | Docket: 63148371
Published
[March 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 10, 2022 | Docket: 63148362
Published
[March 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144900
Published
resentencing. The trial
1 In Bowman’s first rule 3.800(b)(2) motion, which was filed in both the 2017
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144897
Published
[March 9, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636
Published
court failed to rule within
sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127999
Published
“Defendant’s Motion for Rehearing is DENIED because rule 3.800
does not authorize motions for rehearing.” In
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127637
Published
vehicles to
correct, reduce, or modify a sentence. Rule 3.800(a) provides that “[a]
court may at any time correct
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 24, 2022 | Docket: 63111767
Published
[February 24, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 10, 2022 | Docket: 62989177
Published
[February 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 10, 2022 | Docket: 62989173
Published
[February 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 10, 2022 | Docket: 62989178
Published
[February 10, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 3, 2022 | Docket: 62649866
Published
[February 3, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 3, 2022 | Docket: 62649866
Published
[February 3, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646385
Published
filing, the motion is deemed denied. Fla. R. Crim. P.
3.800(b)(2)(B).
Having challenged multiple
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 26, 2022 | Docket: 62629029
Published
sentence or mere scrivener’s error. See
Fla. R. Crim. P. 3.800; Reed v. State, 276 So. 3d 65, 66 (Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 13, 2022 | Docket: 62555231
Published
[January 13, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 13, 2022 | Docket: 62555252
Published
[January 13, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2022 | Docket: 61718782
Published
[January 6, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2022 | Docket: 61718793
Published
[January 6, 2022]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689370
Published
60 days;
thus, it was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). Perdue’s
scoresheet included
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689418
Published
within sixty days, this appeal followed. See Fla. R. Crim. P. 3.800(b)(2)(B).
A motion to correct a sentencing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689349
Published
State, 596 So. 2d 73, 77 (Fla.
2d DCA 1991) (“[Rule 3.800(a)] is not a vehicle designed to re-examine
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689354
Published
hearing.
“To be illegal within the meaning of rule 3.800(a) the sentence must impose
a kind of punishment
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689354
Published
hearing.
“To be illegal within the meaning of rule 3.800(a) the sentence must impose
a kind of punishment
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689371
Published
order is an error that may be preserved in
a Rule 3.800(b) motion.”); Latson v. State, 193 So. 3d 1070
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 29, 2021 | Docket: 61648309
Published
Illegal Sentence which was treated as a
second rule 3.800(a) motion. It challenged the imposition of his
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 29, 2021 | Docket: 61648309
Published
Illegal Sentence which was treated as a
second rule 3.800(a) motion. It challenged the imposition of his
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637686
Published
[December 22, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637699
Published
[December 22, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 16, 2021 | Docket: 61622113
Published
[December 16, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618242
Published
appellate counsel ineffective for not filing a rule 3.800(b)(2) motion
to preserve a trial court’s error
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 9, 2021 | Docket: 61604967
Published
[December 9, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585938
Published
after filing, the motion is deemed denied. Fla. R. Crim. P.
3.800(b)(2)(B).
Having challenged multiple
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585934
Published
[December 1, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574128
Published
[November 24, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 18, 2021 | Docket: 61532030
Published
[November 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 18, 2021 | Docket: 61532037
Published
[November 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 18, 2021 | Docket: 61532003
Published
[November 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493094
Published
[November 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858361
Published
[November 10, 2021]
Appeal of order dismissing rule 3.800 and 3.850 motions from the
Circuit Court for
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858308
Published
[November 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858319
Published
[November 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858320
Published
[November 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858339
Published
[November 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695050
Published
grant the motion as to
the failure to file a rule 3.800(b)(2) motion as to the costs. We deny the
motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695040
Published
sentencing errors that
can be corrected under rule 3.800(a) must be apparent from face of original
record)
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 28, 2021 | Docket: 60680326
Published
[October 28, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 28, 2021 | Docket: 60680324
Published
[October 28, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 28, 2021 | Docket: 60680315
Published
[October 28, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660145
Published
order is an error that may be
preserved in a Rule 3.800(b) motion.” Anderson v. State, 229 So. 3d 383
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646132
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646144
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646136
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646122
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646130
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646138
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646137
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646126
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2021 | Docket: 60646126
Published
[October 14, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642702
Published
[October 13, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 7, 2021 | Docket: 60630481
Published
[October 7, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627054
Published
[October 6, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627029
Published
(sentencing error that can be corrected under rule 3.800(a)
must be apparent from face of original record)
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2021 | Docket: 60501714
Published
[September 30, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 30, 2021 | Docket: 60501721
Published
[September 30, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498288
Published
sentence became final in 1994, Hanks
has filed three rule 3.800(a) motions. He has argued that (1) his
life sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496870
Published
counsel at resentencing after prevailing on a rule 3.800 motion.
See Mahone v. State, 39 So. 3d 1278
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451671
Published
§ 775.084(3)(a)(6), Fla. Stat. (2007); Fla. R.
Crim. P. 3.800(a)(2); Washington v. State, 293 So. 3d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451709
Published
pro se.
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.800(a)(2); Pye v. State, 301 So.
3d 912 (Fla
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 23, 2021 | Docket: 60416620
Published
[September 23, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 23, 2021 | Docket: 60416623
Published
[September 23, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2021 | Docket: 60412840
Published
sentence without prejudice for
appellant to file a rule 3.800(b) motion to correct error in sentencing
order
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2021 | Docket: 60414525
Published
Appellant appeals from the denial of a rule 3.800(a) motion to
correct illegal sentence. The appeal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2021 | Docket: 60414532
Published
vindictive
sentencing claim is not cognizable under rule 3.800(a), we affirm.
See Jackson v. State, 193 So.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385592
Published
errors at issue in a timely filed post-sentencing Rule 3.800(b)(2)
motion. 1 See Jackson v. State, 983 So
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385867
Published
[September 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385857
Published
[September 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386694
Published
attack on his conviction was not cognizable under rule
3.800(a). Because the claim attacks his conviction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 9, 2021 | Docket: 60372409
Published
[September 9, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2021 | Docket: 60314067
Published
[August 26, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2021 | Docket: 60314062
Published
[August 26, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2021 | Docket: 60314073
Published
[August 26, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2021 | Docket: 60314068
Published
[August 26, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290982
Published
corrected as an illegal sentence pursuant to rule 3.800(a) so long as the
error is apparent from the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 19, 2021 | Docket: 60213084
Published
[August 19, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 19, 2021 | Docket: 60213081
Published
[August 19, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 19, 2021 | Docket: 60213095
Published
[August 19, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 19, 2021 | Docket: 60213085
Published
[August 19, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199101
Published
[August 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 12, 2021 | Docket: 60149147
Published
[August 12, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 12, 2021 | Docket: 60149142
Published
[August 12, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 12, 2021 | Docket: 60149160
Published
[August 12, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 5, 2021 | Docket: 60111512
Published
[August 5, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 5, 2021 | Docket: 60111498
Published
[August 5, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 5, 2021 | Docket: 60111510
Published
[August 5, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 5, 2021 | Docket: 60111496
Published
[August 5, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 22, 2021 | Docket: 60076822
Published
[July 22, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 22, 2021 | Docket: 60076823
Published
[July 22, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 22, 2021 | Docket: 60076814
Published
[July 22, 2021]
Appeal of order denying rule 3.800 motion from the Seventeenth
Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073791
Published
MILLER, J.
Affirmed. See Fla. R. Crim. P. 3.800(a)(1) (requiring affirmative
allegations
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060052
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060060
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060050
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060049
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Seventeenth
Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060050
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060049
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Seventeenth
Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060060
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2021 | Docket: 60060046
Published
[July 15, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 8, 2021 | Docket: 60044170
Published
[July 8, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 8, 2021 | Docket: 60044170
Published
[July 8, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 8, 2021 | Docket: 60044166
Published
[July 8, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 1, 2021 | Docket: 60031022
Published
[July 1, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 1, 2021 | Docket: 60031039
Published
[July 1, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 24, 2021 | Docket: 60009927
Published
[June 24, 2021]
Appeal of order denying rule 3.800 (a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 24, 2021 | Docket: 60009940
Published
[June 24, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 23, 2021 | Docket: 60006522
Published
3d 1045 (Fla. 2011)
(recognizing that under rule 3.800(a) the burden is on the defendant to
demonstrate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992807
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992822
Published
[June 17, 2021]
Appeal of an order denying rule 3.800 motion from the Circuit Court
for the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992807
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992806
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992817
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992812
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2021 | Docket: 59992806
Published
[June 17, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59989073
Published
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.800(c) (A motion to modify or reduce
sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974472
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974481
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974483
Published
[June 10, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974468
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974469
Published
[June 10, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974480
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974486
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974470
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974480
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974494
Published
[June 10, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 10, 2021 | Docket: 59974487
Published
[June 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
Supreme Court of Florida | Filed: Jun 10, 2021 | Docket: 59974792
Published
officers for depositions.
Next, we amend rule 3.800 (Correction, Reduction, and
Modification of
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 3, 2021 | Docket: 59957927
Published
[June 3, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954655
Published
to correct four sentencing errors. See Fla. R. Crim. P.
3.800(b)(2). Appellant argued, among other things
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936583
Published
order is an error that may be
preserved in a Rule 3.800(b) motion.” Anderson v. State, 229 So. 3d 383
Category: Criminal Procedure
Supreme Court of Florida | Filed: May 20, 2021 | Docket: 59921668
Published
appeal,
defendants must first file a motion under rule 3.800(b).” There is
such a thing as a truly mandatory
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 13, 2021 | Docket: 59903156
Published
[May 13, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882189
Published
offender sentences, among other issues. His last Rule 3.800
petition raising the same issue was denied in
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882189
Published
offender sentences, among other issues. His last Rule 3.800
petition raising the same issue was denied in
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860115
Published
days. Therefore it was deemed denied. See Fla. R. Crim. P.
3.800(b)(2)(B).
“The standard of review of
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860100
Published
sentencing process, it cannot be preserved through a rule
3.800(b)(2) motion. See Rivera v. State, 34 So. 3d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 21, 2021 | Docket: 59840423
Published
general rule,
claims raised in a motion under rule 3.800(a) must be capable of resolution
as a matter
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819927
Published
within sixty days, it is
deemed denied. Fla. R. Crim. P. 3.800(b)(2)B); Sirmons v. State, 264 So. 3d 958
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819924
Published
denied through the
passage of time. See Fla. R. Crim. P. 3.800(b)(2)(B). Thus, Appellant now
seeks our
Category: Criminal Procedure
Supreme Court of Florida | Filed: Apr 8, 2021 | Docket: 59804368
Published
was prejudiced by
the court’s denial of his rule 3.800(a) motion, however, we need not
consider the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 8, 2021 | Docket: 59804394
Published
[April 8, 2021]
Appeal of order denying rule 3.800(c) motion from the Circuit Court
for the Fifteenth
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2021 | Docket: 59764436
Published
filed a Rule 3.800(a) motion to correct an illegal sentence 96 days later.
Fla. R. Crim. P. 3.800(a).
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2021 | Docket: 59764436
Published
filed a Rule 3.800(a) motion to correct an illegal sentence 96 days later.
Fla. R. Crim. P. 3.800(a).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 25, 2021 | Docket: 59763227
Published
[March 25, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759001
Published
motion was deemed denied. See Fla. R. Crim. P.
3.800(b)(2)(B). This appeal followed.
This
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59758998
Published
[March 24, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 18, 2021 | Docket: 59742898
Published
[March 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 18, 2021 | Docket: 59742887
Published
[March 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 4, 2021 | Docket: 59704006
Published
[March 4, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 4, 2021 | Docket: 59704026
Published
[March 4, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699914
Published
sentencing process, it cannot be preserved through
a rule 3.800(b)(2) motion. See Rivera v. State, 34 So. 3d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 25, 2021 | Docket: 59682288
Published
[February 25, 2021]
Appeal of order denying rule 3.800/3.850 motion from the Circuit
Court for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 18, 2021 | Docket: 59299030
Published
[February 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 18, 2021 | Docket: 59299040
Published
[February 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 18, 2021 | Docket: 59299036
Published
[February 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 18, 2021 | Docket: 59299024
Published
[February 18, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295937
Published
aggravated battery and armed kidnapping. See Fla. R. Crim. P.
3.800(a)(1); § 775.082(9)(a)(1)(i), Fla. Stat
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295950
Published
filed; thus, it was deemed to be denied. Fla. R. Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59296237
Published
punishment he faced . . . is not
cognizable in a rule 3.800(a) motion.”)
Affirmed.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295945
Published
and
such an attack must be brought pursuant to Rule 3.800 or 3.850, not by
petition for writ of habeas
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 11, 2021 | Docket: 59245160
Published
[February 11, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 11, 2021 | Docket: 59245139
Published
[February 11, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 11, 2021 | Docket: 59245162
Published
[February 11, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241592
Published
[February 10, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241587
Published
the pendency of the appeal, Defendant filed a rule 3.800(b)(2)
motion to correct a sentencing error below
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59053869
Published
imposed” test is the proper one to apply
to a rule 3.800(a) motion to correct an illegal sentence resulting
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 28, 2021 | Docket: 50038603
Published
[January 28, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 28, 2021 | Docket: 50038965
Published
[January 28, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030607
Published
sixty days and it was
deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). This proceeding followed.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31065341
Published
and
such an attack must be brought pursuant to Rule 3.800 or 3.850, not by
petition for writ of habeas
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030614
Published
defendant through his timely filed post-sentencing Rule 3.800(b)(2)
motion. 1 See Jackson v. State, 983 So
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030477
Published
punishment he faced . . . is not
cognizable in a rule 3.800(a) motion,” the court affirmed the lower court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102121
Published
the trial
court erred in denying Appellant’s rule 3.800(b) motion to delete the
imposition of payment
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 7, 2021 | Docket: 29088007
Published
[January 7, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084936
Published
Harris’s motion within sixty days. See Fla. R. Crim. P.
3.800(b)(2)(B). This appeal followed.
“This
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084938
Published
[January 6, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084941
Published
[January 6, 2021]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084945
Published
[January 6, 2021]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 31, 2020 | Docket: 27333687
Published
[December 31, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18748374
Published
of certiorari and
deny the petition.
Rule 3.800(c) provides in pertinent part:
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747988
Published
[December 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 10, 2020 | Docket: 18730873
Published
[December 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726939
Published
both the
sentencing order and the denial of his rule 3.800(b)(2) motion.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726915
Published
On August 4, 2020, Brady filed the instant rule 3.800 motion, arguing his 40-
year sentence violated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726915
Published
On August 4, 2020, Brady filed the instant rule 3.800 motion, arguing his 40-
year sentence violated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706933
Published
and the motion
was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). This appeal
followed.
“This
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690496
Published
Florida Rule of Criminal Procedure 3.800(c).
Rule 3.800(c) provides that, where no direct appeal has
Category: Criminal Procedure
Supreme Court of Florida | Filed: Nov 25, 2020 | Docket: 18690039
Published
case). And the State notes that Rogers, also a rule 3.800(a)
case, has since receded from Simmons. But
Category: Criminal Procedure
Supreme Court of Florida | Filed: Nov 25, 2020 | Docket: 18690039
Published
case). And the State notes that Rogers, also a rule 3.800(a)
case, has since receded from Simmons. But
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690499
Published
[November 25, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690506
Published
[November 25, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 19, 2020 | Docket: 18647275
Published
[November 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 19, 2020 | Docket: 18647283
Published
[November 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642920
Published
the trial court erred in denying Appellant’s rule 3.800(b) motion
to delete the imposition of payment
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Nov 13, 2020 | Docket: 18630131
Published
conflict-free counsel
had corrected the scoresheet via a Rule 3.800 motion, Tuomi’s plea would have
remained intact
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620277
Published
[November 12, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620280
Published
[November 12, 2020]
Appeal of order denying rule 3.800 motions from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 5, 2020 | Docket: 18607804
Published
[November 5, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 29, 2020 | Docket: 18584708
Published
[October 29, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 28, 2020 | Docket: 18580224
Published
[October 28, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 21, 2020 | Docket: 18557495
Published
[October 21, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 15, 2020 | Docket: 18539379
Published
[October 15, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 15, 2020 | Docket: 18539381
Published
[October 15, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 15, 2020 | Docket: 18539385
Published
[October 15, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534801
Published
and thus is deemed denied. See Fla. R. Crim. P.
3.800(b)(2)(B).
First, the trial court orally
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 8, 2020 | Docket: 18518100
Published
[October 8, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 8, 2020 | Docket: 18518088
Published
[October 8, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 1, 2020 | Docket: 18495395
Published
[October 1, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 25, 2020 | Docket: 18474719
Published
In October 2019, Shuler filed a rule 3.800(a) motion to correct illegal
sentence. The postconviction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18469524
Published
[September 24, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18469535
Published
[September 24, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 23, 2020 | Docket: 18465502
Published
[September 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 23, 2020 | Docket: 18465792
Published
on the conspiracy count.
In her rule 3.800(a) motion, Williams argued that her life sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458091
Published
sentencing
errors pending the appeal, as allowed by rule 3.800(b)(2), Florida
Rules of Criminal Procedure, constituted
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458088
Published
Mr. Johnson filed a rule 3.850 motion
and a rule 3.800(a) motion. Both were denied by the trial court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458088
Published
Mr. Johnson filed a rule 3.850 motion
and a rule 3.800(a) motion. Both were denied by the trial court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446888
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446896
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446891
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446895
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446890
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2020 | Docket: 18446895
Published
[September 17, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 15, 2020 | Docket: 18439714
Published
present case, Appellant filed a motion under rule 3.800,
asserting that his forty-year sentence for a
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435263
Published
motion to
correct an illegal sentence filed under rule 3.800(a), Florida Rules
of Criminal Procedure. In the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435266
Published
for a successor judge to rule on
and deny his rule 3.800(b) motion because the original sentencing
judge
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18424536
Published
[September 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18424536
Published
[September 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18424539
Published
[September 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18424530
Published
[September 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18424535
Published
[September 10, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 3, 2020 | Docket: 18407710
Published
[September 3, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2020 | Docket: 17505094
Published
[August 27, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479792
Published
[August 26, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 20, 2020 | Docket: 17462198
Published
[August 20, 2020]
Appeal from order denying rule 3.800 motion in the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2020 | Docket: 17440562
Published
[August 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2020 | Docket: 17435066
Published
motion to correct sentence, pursuant to Fla. R. Crim. P. 3.800(a), and issued an
amended sentence nunc
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2020 | Docket: 17423608
Published
motion to correct sentence, pursuant to Fla. R. Crim. P. 3.800(a), and issued an
amended sentence nunc
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2020 | Docket: 17374757
Published
[July 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2020 | Docket: 17374757
Published
[July 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2020 | Docket: 17374752
Published
[July 23, 2020]
Appeal of an order denying a rule 3.800 motion from the Circuit Court
for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2020 | Docket: 17374749
Published
[July 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370657
Published
[July 22, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2020 | Docket: 17354533
Published
[July 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2020 | Docket: 17354533
Published
[July 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2020 | Docket: 17354534
Published
[July 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 16, 2020 | Docket: 17354547
Published
[July 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350906
Published
[July 15, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350911
Published
[July 15, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2020 | Docket: 17334392
Published
[July 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2020 | Docket: 17334394
Published
[July 9, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2020 | Docket: 17334392
Published
[July 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2020 | Docket: 17334395
Published
[July 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2020 | Docket: 17334384
Published
[July 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 8, 2020 | Docket: 17330538
Published
sentencing error on his resentencing
pursuant to Rule 3.800(b)(2). He argued that the scoresheet at his
resentencing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2020 | Docket: 17317807
Published
[July 2, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2020 | Docket: 17317831
Published
[July 2, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2020 | Docket: 17317817
Published
[July 2, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2020 | Docket: 17317821
Published
[July 2, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 1, 2020 | Docket: 17314109
Published
On the fifth argument, the defendant’s rule 3.800(b)(2) motion also
argued the trial court’s judgment
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 25, 2020 | Docket: 17292989
Published
[June 25, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 18, 2020 | Docket: 17260100
Published
[June 18, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 11, 2020 | Docket: 17240819
Published
[June 11, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 11, 2020 | Docket: 17240807
Published
[June 11, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 11, 2020 | Docket: 17240818
Published
[June 11, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2020 | Docket: 17222060
Published
[June 4, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2020 | Docket: 17222060
Published
[June 4, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2020 | Docket: 17222076
Published
[June 4, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 4, 2020 | Docket: 17222047
Published
[June 4, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218383
Published
[June 3, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 28, 2020 | Docket: 17199882
Published
[May 28, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 28, 2020 | Docket: 17199881
Published
[May 28, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 21, 2020 | Docket: 17182549
Published
[May 21, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 21, 2020 | Docket: 17182559
Published
[May 21, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2020 | Docket: 17163258
Published
2020]
Consolidated appeals from orders denying rule 3.800 and 3.850
motions from the Circuit Court for
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2020 | Docket: 17163251
Published
[May 14, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 14, 2020 | Docket: 17163251
Published
[May 14, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 30, 2020 | Docket: 17114153
Published
[April 30, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 23, 2020 | Docket: 17102723
Published
[April 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 23, 2020 | Docket: 17102753
Published
[April 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289
Published
granted in part and denied in part appellant’s rule
3.800(b)(2) motion.
The trial court incorporated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289
Published
granted in part and denied in part appellant’s rule
3.800(b)(2) motion.
The trial court incorporated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070194
Published
has already resentenced Appellant pursuant to a rule
3.800(b) motion. The trial court originally imposed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2020 | Docket: 17055929
Published
[April 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2020 | Docket: 17055904
Published
[April 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2020 | Docket: 17055906
Published
[April 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2020 | Docket: 17055904
Published
[April 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 9, 2020 | Docket: 17055920
Published
[April 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 2, 2020 | Docket: 17036602
Published
[April 2, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 2, 2020 | Docket: 17036584
Published
[April 2, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033713
Published
attorney for filing the motion. It believed that a rule
3.800(b)(2) motion was not proper, and that Souza was
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 25, 2020 | Docket: 17009724
Published
scoresheet error is raised on direct
appeal via a rule 3.800(b) motion, courts must apply the ‘would-have-
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991276
Published
[March 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991280
Published
[March 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991294
Published
[March 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991284
Published
[March 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991292
Published
[March 19, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 19, 2020 | Docket: 16991279
Published
[March 19, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 12, 2020 | Docket: 16961864
Published
[March 12, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925815
Published
[March 4, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 27, 2020 | Docket: 16897142
Published
[February 27, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 27, 2020 | Docket: 16897163
Published
[February 27, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16891210
Published
two motions to correct sentencing error under rule
3.800(b)(2), arguing the trial court erred in (1) assessing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 20, 2020 | Docket: 16867370
Published
[February 20, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840557
Published
[February 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840505
Published
[February 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840545
Published
[February 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840559
Published
[February 13, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840499
Published
[February 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2020 | Docket: 16840519
Published
[February 13, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 5, 2020 | Docket: 16806369
Published
[February 5, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 30, 2020 | Docket: 16780212
Published
[January 30, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 30, 2020 | Docket: 16780216
Published
[January 30, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 30, 2020 | Docket: 16780195
Published
[January 30, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773989
Published
Criminal
Procedure 3.800(a).
In his first rule 3.800(a) motion, Bynes argued that his past convictions
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 23, 2020 | Docket: 16744191
Published
[January 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 23, 2020 | Docket: 16744200
Published
[January 23, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738441
Published
Consolidated appeals of an order denying rule 3.800 motion and a
petition for writ of habeas corpus
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738437
Published
court did not file an order on the defendant’s rule 3.800(b)(2)
motion within sixty days of the motion
Category: Criminal Procedure
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761642
Published
800(b). After noting
that the commentary to rule 3.800 technically distinguished “orders of probation
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701442
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701433
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701433
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701458
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701460
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701444
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701449
Published
[January 16, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 16, 2020 | Docket: 16701434
Published
[January 16, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761636
Published
v. State, 983 So. 2d 562, 573 (Fla. 2008) (“[Rule 3.800(b)] was not
intended to give a defendant a ‘second
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 9, 2020 | Docket: 16672290
Published
[January 9, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 9, 2020 | Docket: 16672305
Published
[January 9, 2020]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 8, 2020 | Docket: 16667089
Published
[January 8, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 8, 2020 | Docket: 16667089
Published
[January 8, 2020]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 26, 2019 | Docket: 16627342
Published
[December 26, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 26, 2019 | Docket: 16627342
Published
[December 26, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 19, 2019 | Docket: 16607170
Published
[December 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 19, 2019 | Docket: 16607158
Published
[December 19, 2019]
Appeal or order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 19, 2019 | Docket: 16607150
Published
[December 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 19, 2019 | Docket: 16607171
Published
[December 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 19, 2019 | Docket: 16607155
Published
[December 16, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 12, 2019 | Docket: 16577462
Published
[December 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 12, 2019 | Docket: 16577460
Published
[December 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 12, 2019 | Docket: 16577465
Published
[December 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 11, 2019 | Docket: 16571835
Published
After he was sentenced, Desrosiers filed a rule 3.800(b)(2) motion for
resentencing with the trial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 5, 2019 | Docket: 16549552
Published
[December 5, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 5, 2019 | Docket: 16549554
Published
[December 5, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16543997
Published
moved for rehearing of the order under Fla. R. Crim. P.
3.800(b)(1)(B)).
As in Jones, we reverse
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16544000
Published
modify her
sentence in the trial court. Fla. R. Crim. P. 3.800(c).
Affirmed; remanded with instructions
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16544010
Published
pursuant to rule 3.800(b). “[A]
‘sentencing error’ that can be preserved under rule 3.800(b)(2) is an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523247
Published
[November 27, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523194
Published
[November 27, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523237
Published
[November 27, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523231
Published
[November 27, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503206
Published
Wilson did not file his motion
pursuant to rule 3.800(c). He instead filed his motion pursuant to section
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496893
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496892
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496889
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496899
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496874
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496866
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2019 | Docket: 16496870
Published
[November 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466174
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466186
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466161
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466194
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466170
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466191
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2019 | Docket: 16466180
Published
[November 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460464
Published
“sentencing error” that can be preserved under
rule 3.800(b)).
The State does not dispute Harmon’s contention
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460466
Published
[November 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460463
Published
[November 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460467
Published
[November 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432692
Published
determination that the claim could not be raised in a rule 3.800(a) motion was incorrect.
See Murph v. State,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432697
Published
[November 6, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 31, 2019 | Docket: 16407354
Published
[October 31, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 31, 2019 | Docket: 16407335
Published
[October 31, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 31, 2019 | Docket: 16407356
Published
[October 31, 2019]
Appeal of order denying rule 3.800 from the Circuit Court for the
Fifteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401540
Published
moved for rehearing of
the order under Fla. R. Crim. P. 3.800(b)(1)(B)).
As in Simmons, we quash
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16375249
Published
[October 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16375242
Published
[October 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16375220
Published
[October 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16375217
Published
[October 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16375253
Published
[October 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344964
Published
conviction, rather than a sentence”). Because rule
3.800(a) is limited to correction of illegal sentences
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343977
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343957
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343983
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343968
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343985
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343953
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343953
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16343962
Published
[October 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338040
Published
we find no
error in the summary denial under rule 3.800(a), we hold that Mr. Heare should be
provided
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 10, 2019 | Docket: 16316649
Published
[October 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 10, 2019 | Docket: 16316633
Published
[October 10, 2019]
Appeal from order denying rule 3.800(a) motion from the Circuit Court
for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 10, 2019 | Docket: 16316647
Published
[October 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 10, 2019 | Docket: 16316637
Published
[October 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 10, 2019 | Docket: 16316650
Published
[October 10, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280847
Published
prejudice to Morell filing a
rule 3.800(a) motion. Id.
In his rule 3.800(a) motion, Morell argued
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 26, 2019 | Docket: 16250465
Published
[September 26, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 19, 2019 | Docket: 16216866
Published
[September 19, 2019]
Appeal of order denying Rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 19, 2019 | Docket: 16216856
Published
[September 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 19, 2019 | Docket: 16216861
Published
[September 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 19, 2019 | Docket: 16216870
Published
[September 19, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211766
Published
[September 18, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211732
Published
DCA 1999) (table).
The Appellant later filed a rule 3.800 motion to correct an illegal
sentence on February
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211732
Published
DCA 1999) (table).
The Appellant later filed a rule 3.800 motion to correct an illegal
sentence on February
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 13, 2019 | Docket: 16193037
Published
motions to correct
illegal sentence, see Fla. R. Crim. P. 3.800(a), and prohibiting him from further pro
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186723
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186721
Published
[September 12, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186730
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186730
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186732
Published
[September 12, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186715
Published
[September 12, 2019]
Appeal from order denying rule 3.800(a) motion from the Circuit Court
for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186725
Published
[September 12, 2019]
Appeal from order denying rule 3.800(a) motion from the Circuit Court
for the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186722
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186734
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16186716
Published
[September 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135502
Published
moved for rehearing of the order
under Fla. R. Crim. P. 3.800(b)(1)(B)).
As in Simmons, we quash
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16140624
Published
proceedings on appellant’s motion under Fla. R. Crim. P.
3.800(a) raising illegality of sentence over
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2019 | Docket: 16096354
Published
[August 22, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2019 | Docket: 16096362
Published
[August 22, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2019 | Docket: 16096353
Published
[August 22, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2019 | Docket: 16061639
Published
[August 15, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 15, 2019 | Docket: 16061637
Published
[August 15, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055470
Published
[August 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037829
Published
appeal.”) (emphasis supplied)). Here, Cannie’s rule 3.800
motion argued that the lower court was compelled
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2019 | Docket: 16031376
Published
[August 8, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2019 | Docket: 16031381
Published
[August 8, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2019 | Docket: 16031378
Published
[August 8, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2019 | Docket: 16031379
Published
[August 8, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2019 | Docket: 16031389
Published
[August 8, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025082
Published
[August 7, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2019 | Docket: 16006951
Published
face of the record, in
a motion pursuant to rule 3.800(a) at any time. See, e.g., Delon v. State, 268
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960206
Published
District affirmed the denial of a
successive rule 3.800 motion: "Having determined that the trial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2019 | Docket: 15940618
Published
motion to correct illegal sentence. See Fla. R. Crim. P. 3.800. Because the
claim on appeal is meritless
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928478
Published
transcripts of her plea and sentencing hearings to her rule 3.800(a) motion, nor are such
transcripts found elsewhere
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928478
Published
transcripts of her plea and sentencing hearings to her rule 3.800(a) motion, nor are such
transcripts found elsewhere
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 11, 2019 | Docket: 15903618
Published
[July 11, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897438
Published
[July 10, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
275 So. 3d 262
District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897415
Published
without discussion the denial of Appellant’s rule
3.800 motion challenging the legality of his habitual
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897440
Published
on those violations.
The defendant filed a Rule 3.800(b)(2) motion to correct sentence and
the State
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897429
Published
2019]
Consolidated appeals of order denying rule 3.800 motion from the
Circuit Court for the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897431
Published
denying his motion
to correct sentence under Rule 3.800(b)(2) because: (1) his scoresheet was
miscalculated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15891695
Published
Therefore, the motion
was deemed denied. Fla. R. Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892181
Published
Appellant seeks review of the order denying his rule 3.800(a)
motion challenging the legality of the sentence
Category: Criminal Procedure
275 So. 3d 251
District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892183
Published
Johnny James appeals the denial of the rule 3.800(a) motion
in which he argued that his 30-year
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15851913
Published
those offenses. Rioux therefore filed another
rule 3.800(b)(2) motion, alleging that the aggregate length
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855441
Published
and sentences—all unsuccessful—including the
rule 3.800(a) motion subject to this appeal. Of the multiple
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 27, 2019 | Docket: 15843642
Published
[June 27, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835859
Published
[June 26, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769072
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769067
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769060
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769059
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769060
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 13, 2019 | Docket: 15769061
Published
[June 13, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762830
Published
[June 12, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762808
Published
sexual battery.
In 2016, Jackson filed a rule 3.800(a) motion in which he
argued that his life sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738280
Published
postconviction court erred in denying appellant’s rule
3.800(a) motion in which he argued the trial court’s
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738270
Published
consecutive life
sentences. According to his subsequent rule 3.800(a) motion, all
charges related to a single criminal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738235
Published
direct appeal and thus is not cognizable in a rule 3.800(a) motion.1 We thus affirm
the postconviction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 6, 2019 | Docket: 15737720
Published
[June 6, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15731318
Published
[June 5, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
273 So. 3d 1147
District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704312
Published
1215, 1216 (Fla. 2d
DCA 2996)); see also Fla. R. Crim. P. 3.800(b)(2)(B) (directing trial courts to follow
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704318
Published
with a
firearm discharged. He asserts in his rule 3.800(a) motion that he entered a no contest
plea
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15696561
Published
[May 30, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15696548
Published
[May 30, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
272 So. 3d 858
District Court of Appeal of Florida | Filed: May 24, 2019 | Docket: 15672869
Published
timely motion for postconviction relief. See Fla. R. Crim. P. 3.800(c).
Affirmed; remanded with
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 23, 2019 | Docket: 15665586
Published
2019]
Consolidated appeal of order denying rule 3.800 motion from the
Circuit Court for the Seventeenth
Category: Criminal Procedure
274 So. 3d 468
District Court of Appeal of Florida | Filed: May 16, 2019 | Docket: 15620468
Published
There, the postconviction court
granted Jordan’s rule 3.800(a) motion and ordered resentencing.
Jordan, 81
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 16, 2019 | Docket: 15620478
Published
[May 16, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
275 So. 3d 692
District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566679
Published
denial of appellant John Edward Sanders Jr.’s rule 3.800 motion that sought to
correct an allegedly illegal
Category: Criminal Procedure
271 So. 3d 1236
District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566677
Published
remand to the trial court to adjudicate
Calix’s rule 3.800 motion in light of Franklin.
Order vacated;
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566682
Published
(ii) reiterated his argument from his initial rule 3.800 motion
that the trial court’s upward departure
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566682
Published
(ii) reiterated his argument from his initial rule 3.800 motion
that the trial court’s upward departure
Category: Criminal Procedure
272 So. 3d 811
District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 15091689
Published
to treat the motion as if filed pursuant to rule
3.800(a). Because the thirty-year sentence "could
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2019 | Docket: 15078411
Published
[May 9, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2019 | Docket: 15078412
Published
[May 9, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2019 | Docket: 15078416
Published
[May 9, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 9, 2019 | Docket: 15078418
Published
[May 9, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15041450
Published
[May 2, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15041441
Published
[May 2, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15041455
Published
[May 2, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
268 So. 3d 1007
District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013079
Published
claims his appellate counsel
failed to file a rule 3.800(b)(2) motion to preserve a sentencing
error—that
Category: Criminal Procedure
268 So. 3d 939
District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973294
Published
State, 29 So. 3d 1228, 1230 (Fla. 3d DCA 2010) (“Rule 3.800 is
not the proper remedy where issues of waiver
Category: Criminal Procedure
268 So. 3d 939
District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973294
Published
State, 29 So. 3d 1228, 1230 (Fla. 3d DCA 2010) (“Rule 3.800 is
not the proper remedy where issues of waiver
Category: Criminal Procedure
268 So. 3d 922
District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711810
Published
determined Appellant's claims are not cognizable under rule 3.800, we affirm. However, our affirmance is without
Category: Criminal Procedure
268 So. 3d 922
District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711809
Published
determined Appellant's claims are not cognizable under rule 3.800, we affirm. However, our affirmance is without
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 14958315
Published
[April 18, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 16, 2019 | Docket: 14945124
Published
Appellant’s motion.
In 2016, Appellant filed a rule 3.800 motion to correct illegal
sentence, arguing that
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2019 | Docket: 14945951
Published
the limitations period for
the entirety of the Rule 3.800(a) proceeding, including the eventual appeal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 11, 2019 | Docket: 14917577
Published
[April 11, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
268 So. 3d 170
District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909108
Published
he challenged the
inclusion of the crimes in a rule 3.800(b)(1) motion). Accordingly, we
remand with instructions
Category: Criminal Procedure
268 So. 3d 915
District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882797
Published
Gordon then moved for post-conviction relief under rule
3.800(a), arguing that his sentence is illegal because
Category: Criminal Procedure
268 So. 3d 915
District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882797
Published
Gordon then moved for post-conviction relief under rule
3.800(a), arguing that his sentence is illegal because
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 4, 2019 | Docket: 14874369
Published
[April 4, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 4, 2019 | Docket: 14874369
Published
[April 4, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
267 So. 3d 1043
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14866912
Published
[April 3, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
267 So. 3d 1084
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710112
Published
1st DCA 2014) (table).
Hester later filed a rule 3.800(a) motion, contending that consecutive minimum-mandatory
Category: Criminal Procedure
267 So. 3d 1037
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865460
Published
[April 3, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
268 So. 3d 878
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711799
Published
offense.
Buggs raised an additional issue in his rule 3.800(b)(2) motion, and the court granted the motion
Category: Criminal Procedure
268 So. 3d 878
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711800
Published
offense.
Buggs raised an additional issue in his rule 3.800(b)(2) motion, and the court granted the motion
Category: Criminal Procedure
268 So. 3d 878
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711800
Published
offense.
Buggs raised an additional issue in his rule 3.800(b)(2) motion, and the court granted the motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865432
Published
2Buggs raised an additional issue in his rule 3.800(b)(2) motion, and the
court granted the motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865432
Published
2Buggs raised an additional issue in his rule 3.800(b)(2) motion, and the
court granted the motion
Category: Criminal Procedure
267 So. 3d 558
District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709241
Published
"Motion to Correct Illegal Sentence" pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
267 So. 3d 558
District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242
Published
"Motion to Correct Illegal Sentence" pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
267 So. 3d 558
District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242
Published
"Motion to Correct Illegal Sentence" pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
271 So. 3d 1130
District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809058
Published
800(a) motion without prejudice to Hart filing a rule 3.800(a) motion to
correct an illegal sentence if his
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 21, 2019 | Docket: 14765358
Published
[March 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 21, 2019 | Docket: 14765358
Published
[March 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 14, 2019 | Docket: 14705813
Published
[March 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14696351
Published
While the appeal was pending, Appellant filed a rule 3.800(b)(2) motion,
arguing that his “scoresheet included
Category: Criminal Procedure
268 So. 3d 792
District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693179
Published
While the appeal was pending, Appellant filed a rule 3.800(b)(2) motion,
arguing that his “scoresheet included
Category: Criminal Procedure
275 So. 3d 682
District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693157
Published
Sanders made in an earlier and unsuccessful rule 3.800 motion. In his 2009 motion,
Sanders maintained
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14636283
Published
[March 7, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
269 So. 3d 584
District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14636278
Published
DCA
2008) (table).
Jenkins then filed a rule 3.800(a) motion, contending his
sentence was illegal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618614
Published
[March 6, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
271 So. 3d 1000
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618619
Published
[March 6, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
271 So. 3d 109
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618611
Published
to raise this issue in an appropriately filed rule
3.800 motion with the trial court.
Affirmed
Category: Criminal Procedure
267 So. 3d 4
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618627
Published
3d 220 (Fla. 4th DCA 2011).
He also filed a rule 3.800(a) motion to correct an illegal sentence that
Category: Criminal Procedure
265 So. 3d 700
District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572896
Published
The defendant appeals an order denying his Rule 3.800(b)(2) motion to
correct a sentencing error. He
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 21, 2019 | Docket: 14562396
Published
[February 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 21, 2019 | Docket: 14562378
Published
[February 21, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 21, 2019 | Docket: 14562392
Published
[February 21, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 21, 2019 | Docket: 14562384
Published
[February 21, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552057
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552085
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552071
Published
[February 14, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552068
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552086
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552063
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552076
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552079
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2019 | Docket: 14552056
Published
[February 14, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549570
Published
the conviction and the sentence. A motion under rule 3.800(a) is
not available where, as here, the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 7, 2019 | Docket: 14539141
Published
[February 7, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14536998
Published
[February 6, 2019]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
264 So. 3d 303
District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704586
Published
to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
264 So. 3d 303
District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704585
Published
to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
264 So. 3d 303
District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704586
Published
to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
264 So. 3d 303
District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704585
Published
to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 31, 2019 | Docket: 14528471
Published
[January 31, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 31, 2019 | Docket: 14528479
Published
[January 31, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 14527249
Published
within 60 days after the imposition.” Fla. R. Crim. P. 3.800(c).
A trial court lacks jurisdiction to
Category: Criminal Procedure
263 So. 3d 254
District Court of Appeal of Florida | Filed: Jan 29, 2019 | Docket: 64702805
Published
Reoffender sentencing is not cognizable in a rule 3.800(a) motion).
WALLIS, LAMBERT, and SASSO, JJ.,
Category: Criminal Procedure
263 So. 3d 254
District Court of Appeal of Florida | Filed: Jan 29, 2019 | Docket: 64702806
Published
Reoffender sentencing is not cognizable in a rule 3.800(a) motion).
WALLIS, LAMBERT, and SASSO, JJ.,
Category: Criminal Procedure
263 So. 3d 254
District Court of Appeal of Florida | Filed: Jan 29, 2019 | Docket: 64702806
Published
Reoffender sentencing is not cognizable in a rule 3.800(a) motion).
WALLIS, LAMBERT, and SASSO, JJ.,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 24, 2019 | Docket: 14176495
Published
[January 24, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
270 So. 3d 369
District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588107
Published
appellant moved for rehearing on the pending rule 3.800(b)
motion pursuant to Florida Rule of Criminal
Category: Criminal Procedure
273 So. 3d 97
District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 64716028
Published
motion to correct illegal sentence pursuant to rule 3.800(a) places the burden upon the defendant ... to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2019 | Docket: 8508443
Published
[January 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2019 | Docket: 8508479
Published
[January 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 17, 2019 | Docket: 8508454
Published
[January 17, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
263 So. 3d 799
District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 8504968
Published
of Appellate Procedure 9.200(b)(4) precluded rule
3.800(b) relief.
Background
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 10, 2019 | Docket: 8488502
Published
[January 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 10, 2019 | Docket: 8488502
Published
[January 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 10, 2019 | Docket: 8488510
Published
[January 10, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
268 So. 3d 754
District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485184
Published
sentencing hearing, appellant filed a pro se rule
3.800(b)(1) motion to correct sentencing error. He
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485194
Published
[January 9, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485187
Published
[January 9, 2019]
Appeal of order granting rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
263 So. 3d 86
District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485183
Published
prison for sexual battery.
Perry filed a rule 3.800(a) motion, arguing that his sentences were de
Category: Criminal Procedure
261 So. 3d 758
District Court of Appeal of Florida | Filed: Jan 8, 2019 | Docket: 8483525
Published
to correct sentencing error filed pursuant to rule
3.800(b)(2), Florida Rules of Criminal Procedure. However
Category: Criminal Procedure
261 So. 3d 758
District Court of Appeal of Florida | Filed: Jan 8, 2019 | Docket: 8483525
Published
to correct sentencing error filed pursuant to rule
3.800(b)(2), Florida Rules of Criminal Procedure. However
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 3, 2019 | Docket: 8470369
Published
[January 3, 2019]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
260 So. 3d 1180
District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64699964
Published
Appellant is not precluded from filing a successive rule 3.800(a) motion to correct illegal sentence to raise
Category: Criminal Procedure
260 So. 3d 1180
District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64699963
Published
Appellant is not precluded from filing a successive rule 3.800(a) motion to correct illegal sentence to raise
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8454990
Published
[December 27, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2018 | Docket: 8439297
Published
[December 20, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2018 | Docket: 8439323
Published
[December 20, 2018]
Appeal from order denying rule 3.800(a) motion from the Circuit Court
for the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2018 | Docket: 8439303
Published
[December 20, 2018]
Appeal of order denying rule 3.800(a) from the Circuit Court for the
Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2018 | Docket: 8439311
Published
[December 20, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 20, 2018 | Docket: 8439326
Published
[December 20, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544794
Published
consequently, the
sentences are illegal under rule 3.800(a)’”).
CONCLUSION
Because subsection (10) violates
Category: Criminal Procedure
260 So. 3d 335
District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431894
Published
court failed to rule within
sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B).
1 Anders v. California,
Category: Criminal Procedure
261 So. 3d 707
District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700828
Published
not involved in the crime.
However, Tucker's rule 3.800(a) motion does not conclusively refute Smith's
Category: Criminal Procedure
261 So. 3d 707
District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700829
Published
not involved in the crime.
However, Tucker's rule 3.800(a) motion does not conclusively refute Smith's
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 13, 2018 | Docket: 8402556
Published
[December 13, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 13, 2018 | Docket: 8402558
Published
[December 13, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 13, 2018 | Docket: 8402563
Published
[December 13, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221236
Published
[November 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221244
Published
[November 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221316
Published
[November 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193635
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193615
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193641
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193613
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193611
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 15, 2018 | Docket: 8193622
Published
[November 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
259 So. 3d 718
Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193609
Published
851 motion and raise no argument pursuant to rule 3.800(a).
Reed's Initial Brief to this Court explains
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186515
Published
[November 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
259 So. 3d 907
District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 8158548
Published
error under Florida Rule
of Criminal Procedure rule 3.800(b)(2) and preserve the issue of his improper
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 1, 2018 | Docket: 8119908
Published
[November 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
257 So. 3d 620
District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109470
Published
rule
3.850 motion once the appeal regarding the rule 3.800 motion had
concluded. However, the order of dismissal
Category: Criminal Procedure
256 So. 3d 255
District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109469
Published
and life for the latter. In 2017, he filed a rule 3.800
motion, alleging he was serving an illegal sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 25, 2018 | Docket: 8081316
Published
[October 25, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
257 So. 3d 1142
District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074510
Published
reverse the trial court’s order denying Rivera’s rule 3.800(a) post-
conviction motion and remand for further
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074506
Published
failed to preserve the challenge via motion under rule 3.800(b)).
Accordingly, we affirm Crews's
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8047173
Published
[October 18, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8047165
Published
[October 18, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8047145
Published
[October 18, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040058
Published
[October 17, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
257 So. 3d 1132
District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040500
Published
motion to correct illegal sentence pursuant to rule 3.800(a),
contending in part that the forty-year sentence
Category: Criminal Procedure
261 So. 3d 649
District Court of Appeal of Florida | Filed: Oct 12, 2018 | Docket: 8020198
Published
after the circuit court granted Plute's rule
3.800(a) motion, the court was free to resentence Plute
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015469
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015430
Published
[October 11, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015433
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015448
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015426
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015444
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015446
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015475
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015477
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015461
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 11, 2018 | Docket: 8015443
Published
[October 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
258 So. 3d 515
District Court of Appeal of Florida | Filed: Sep 28, 2018 | Docket: 64696914
Published
PER CURIAM.
AFFIRMED. See Fla. R. Crim. P. 3.800(a)(2) ; Jones v. State , 198 So.3d 920, 921 (Fla. 5th
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7968600
Published
October 23, 2012 until November 29, 2012, while his
Rule 3.800(c) motion for reduction of sentence was pending
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7968600
Published
October 23, 2012 until November 29, 2012, while his
Rule 3.800(c) motion for reduction of sentence was pending
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989233
Published
Appellee.
PER CURIAM.
AFFIRMED. See Fla. R. Crim. P. 3.800(a)(2); Jones v. State, 198 So. 3d 920,
Category: Criminal Procedure
256 So. 3d 940
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905943
Published
within sixty days, so it is deemed denied. Fla. R. Crim. P.
3.800(b)(2)(B).
Appellant’s motions may not
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905938
Published
[September 20, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
263 So. 3d 114
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64702721
Published
fifth argument: the trial court's denial of his rule 3.800 motion was error because the trial court failed
Category: Criminal Procedure
263 So. 3d 114
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64702721
Published
fifth argument: the trial court's denial of his rule 3.800 motion was error because the trial court failed
Category: Criminal Procedure
252 So. 3d 1289
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905929
Published
trial court to consider the motion pursuant to rule
3.800(a). Under these circumstances, we reverse and
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 13, 2018 | Docket: 7870385
Published
[September 13, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
254 So. 3d 1002
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804269
Published
the imposition of a life sentence,
McMillan’s rule 3.800(a) claim that the trial court erroneously believed
Category: Criminal Procedure
255 So. 3d 966
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 64689568
Published
the defendant's motion was properly filed under rule 3.800(a), it was not time-barred. We, therefore, reverse
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7805879
Published
the defendant’s motion was properly filed under rule 3.800(a), it
was not time-barred. We, therefore, reverse
Category: Criminal Procedure
255 So. 3d 431
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7805878
Published
F08-32265. We affirm the denial of Quintero’s rule 3.800 motion. We dismiss, as
premature, Quintero’s
Category: Criminal Procedure
253 So. 3d 767
District Court of Appeal of Florida | Filed: Aug 31, 2018 | Docket: 7784422
Published
2005) ("A Heggs claim is
cognizable in a rule 3.800(a) motion so long as the error is apparent on
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 29, 2018 | Docket: 7766236
Published
[August 29, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
254 So. 3d 1121
District Court of Appeal of Florida | Filed: Aug 27, 2018 | Docket: 7819884
Published
(affirming trial court’s order entered under rule
3.800(a) correcting the length of the previously imposed
Category: Criminal Procedure
254 So. 3d 614
District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7738808
Published
under rule 3.800(a), and the State's motion was untimely under the
provisions of rule 3.800(b) relating
Category: Criminal Procedure
251 So. 3d 354
District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 64684956
Published
untimely effort to seek review of the denial of his rule 3.800(c) motion, as no appeal is available from an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 23, 2018 | Docket: 7727787
Published
[August 23, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7712383
Published
[August 22, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 20, 2018 | Docket: 7784433
Published
untimely effort to
seek review of the denial of his rule 3.800(c) motion, as no appeal is available from an
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673024
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673023
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673015
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673017
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673028
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673034
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673034
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673020
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673018
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673029
Published
[August 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
253 So. 3d 740
District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664413
Published
and reverse the order denying Mr. Gorman's rule 3.800(a) motion and
remand for resentencing.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2018 | Docket: 7628051
Published
[August 9, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2018 | Docket: 7628066
Published
[August 9, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2018 | Docket: 7628062
Published
[August 9, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2018 | Docket: 7628063
Published
[August 9, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619148
Published
[August 8, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619150
Published
[August 8, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619150
Published
[August 8, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
252 So. 3d 387
District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7589218
Published
sentence and he properly raised the claim in a rule 3.800(a) motion. Id.; see
also Smith v. State, 933
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577807
Published
[August 2, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577756
Published
[August 2, 2018]
Appeal of order denying rule 3.800(a)/3.850 motion from the Circuit
Court for the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577765
Published
[August 2, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577803
Published
[August 2, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577806
Published
[August 2, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7577809
Published
[August 2, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2018 | Docket: 7614173
Published
CORRECTED OPINION
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567954
Published
[August 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
249 So. 3d 791
District Court of Appeal of Florida | Filed: Jul 27, 2018 | Docket: 64683380
Published
therefore reverse the order denying Appellant's rule 3.800(c) motion and remand for the trial court to enter
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521615
Published
[July 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521600
Published
[July 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521584
Published
[July 26, 2018]
Appeal of order denying rule 3.800 from the Circuit Court for the
Nineteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521614
Published
[July 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521614
Published
[July 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7521595
Published
[July 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588440
Published
therefore reverse the order denying Appellant’s rule
3.800(c) motion and remand for the trial court to enter
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2018 | Docket: 7472035
Published
[July 19, 2018]
Appeal of order denying rule 3.800 from the Circuit Court for the
Nineteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2018 | Docket: 7472011
Published
[July 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2018 | Docket: 7472040
Published
[July 19, 2018]
Appeal of order denying rule 3.800 from the Circuit Court for the
Nineteenth Judicial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2018 | Docket: 7472028
Published
[July 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 19, 2018 | Docket: 7472029
Published
[July 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
251 So. 3d 314
District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428856
Published
the prison credit claim as
filed pursuant to rule 3.800(a), and we reverse and remand for further proceedings
Category: Criminal Procedure
255 So. 3d 942
District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428846
Published
the claims of illegal sentence,
filed under rule 3.800(a), were refuted by the record or otherwise lacked
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 7416786
Published
[July 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 7416790
Published
[July 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 7416778
Published
[July 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
247 So. 3d 721
District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7405583
Published
Appellant’s motion to correct sentencing
error. Fla. R. Crim. P. 3.800(b)(2). We therefore strike this fine and
Category: Criminal Procedure
251 So. 3d 193
District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7406902
Published
CURIAM.
The circuit court treated appellant’s rule 3.800(a) motion as a rule
3.850 motion and then dismissed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361283
Published
[July 5, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361289
Published
[July 5, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361298
Published
[July 5, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
250 So. 3d 803
District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 7317436
Published
his request
for additional jail credit because rule 3.800(b)(2) specifically provides for such a
correction
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 7305501
Published
[June 28, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 7305489
Published
[June 28, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 7305480
Published
[June 28, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
247 So. 3d 23
District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292503
Published
[June 27, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239959
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239903
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239953
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239953
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239922
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239898
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239899
Published
[June 21, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 21, 2018 | Docket: 7239956
Published
[June 21, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
250 So. 3d 746
District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7317162
Published
postconviction court’s denial of defendant’s rule 3.800(a) motion because the trial court
did not orally
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161131
Published
[June 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161110
Published
[June 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161110
Published
[June 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161124
Published
[June 14, 2018]
Appeal of order denying rule 3.800 (a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161130
Published
[June 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2018 | Docket: 7161074
Published
[June 14, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
249 So. 3d 665
District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144571
Published
objecting at the time of sentencing or by
filing a rule 3.800 motion to correct sentencing error. See Fla.
Category: Criminal Procedure
244 So. 3d 1199
District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 64679806
Published
that the record reflects that Witt withdrew his rule 3.800(b) motion in the trial court and that the resentencing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096626
Published
that the record reflects that Witt withdrew his rule 3.800(b) motion
in the trial court and that the resentencing
Category: Criminal Procedure
245 So. 3d 643
Supreme Court of Florida | Filed: Jun 7, 2018 | Docket: 7080075
Published
anticipated that the extended time to file a rule 3.800(b) motion would "eliminate the problem of unpreserved
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2018 | Docket: 7080090
Published
[June 7, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 7, 2018 | Docket: 7080088
Published
[June 7, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
248 So. 3d 1238
District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061976
Published
1 The Judge who heard the 2017 motion under rule 3.800 was a successor to the
Judge who tried the case
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 6981055
Published
[May 31, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 6981033
Published
[May 31, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958946
Published
DCA] Mar. 9, 2018) (reversing the denial of a rule 3.800(a)
motion and concluding that a juvenile
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958941
Published
[May 30, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
248 So. 3d 148
District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958944
Published
hearing to determine the amount.
Appellant filed a rule 3.800(b)(2) motion to alert the court to the error
Category: Criminal Procedure
243 So. 3d 531
District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 64678651
Published
136 So.3d 615, 616 (Fla. 2d DCA 2013) ("[A] rule 3.800(c) motion is considered filed when entrusted
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6917051
Published
136 So. 3d 615, 616 (Fla.
2d DCA 2013) (“[A] rule 3.800(c) motion is considered filed when
entrusted
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862854
Published
[May 23, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
244 So. 3d 417
District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000931
Published
and his rule 3.800(a)
motion to correct illegal sentence.1 We affirm the denial of his rule 3.800(a) motion
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6745980
Published
2018]
Consolidated appeals from order denying rule 3.800(a) motion from the
Circuit Court for the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6746011
Published
[May 17, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
246 So. 3d 544
District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716289
Published
mechanism by which to raise such a claim is through a Rule 3.800(a) motion. See
Williams v. State, 957 So. 2d
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716305
Published
[May 16, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
246 So. 3d 506
District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384576
Published
motion to correct illegal sentence pursuant to rule 3.800(a),
Florida Rules of Criminal Procedure. Appellant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384592
Published
[May 3, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384592
Published
[May 3, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
246 So. 3d 514
District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384502
Published
“firearm” or a “deadly weapon.” By operation of rule
3.800(b)(2)(B), the motion was “deemed denied.”
Category: Criminal Procedure
241 So. 3d 282
District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383121
Published
rule on the motion within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B); White v. State,
32 So. 3d 132
Category: Criminal Procedure
245 So. 3d 983
District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383129
Published
On August 24, 2016, Gilman filed the instant rule 3.800(a) motion, claiming
that he was improperly designated
Category: Criminal Procedure
246 So. 3d 417
District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383138
Published
In April 2017, appellant filed the instant rule 3.800(a) motion seeking
resentencing pursuant to Graham
Category: Criminal Procedure
249 So. 3d 681
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379300
Published
filed a motion in the trial court pursuant to rule
3.800(a), Florida Rules of Criminal Procedure, seeking
Category: Criminal Procedure
242 So. 3d 1204
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6610540
Published
the trial court correctly
considered it under rule 3.800(a).
years in prison, followed by a lifetime of
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 26, 2018 | Docket: 6376675
Published
[April 26, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368658
Published
judicial notice); 1D15-3220
(appeal of order denying rule 3.800 motion); 1D15-2725 (appeal of
order denying initial
Category: Criminal Procedure
244 So. 3d 1180
District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368665
Published
court, either at the
sentencing hearing or in a rule 3.800(b)(2) motion, and he cannot
raise the issue for
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2018 | Docket: 6367558
Published
[April 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2018 | Docket: 6367558
Published
[April 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2018 | Docket: 6367591
Published
[April 19, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
244 So. 3d 307
District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366314
Published
the pendency of this appeal, Appellant filed a rule
3.800(b)(2) motion to correct sentencing error in the
Category: Criminal Procedure
245 So. 3d 913
District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366304
Published
time he
claimed his sentence was illegal under rule 3.800(a). However, the defendant
withdrew his motion
Category: Criminal Procedure
244 So. 3d 379
District Court of Appeal of Florida | Filed: Apr 16, 2018 | Docket: 6377796
Published
1045, 1050 (Fla. 2011) (“Under
rule 3.800(a), ‘the burden [is on] the petitioner to demonstrate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361549
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361532
Published
[April 12, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361546
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361537
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361557
Published
[April 12, 2018]
Appeal of the order denying rule 3.800 motion from the Circuit Court
for the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361562
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361535
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 12, 2018 | Docket: 6361535
Published
[April 12, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
243 So. 3d 415
District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360300
Published
April 11, 2018 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360294
Published
[April 11, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360299
Published
[April 11, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 5, 2018 | Docket: 6355436
Published
and before Bonner filed a
brief, he filed a rule 3.800(b)(2) motion to correct two sentencing
Category: Criminal Procedure
241 So. 3d 969
District Court of Appeal of Florida | Filed: Mar 29, 2018 | Docket: 6349197
Published
time of sentencing
or by a rule 3.800(b) motion); Fla. R. Crim. P. 3.800(b) (2)
(permitting appellate
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348084
Published
[March 28, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
241 So. 3d 960
District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348065
Published
Regardless, on June 1, 2015, in a rule 3.800(a) proceeding, the
postconviction court rendered
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2018 | Docket: 6342257
Published
[March 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2018 | Docket: 6342250
Published
[March 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2018 | Docket: 6342247
Published
[March 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2018 | Docket: 6342244
Published
[March 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 22, 2018 | Docket: 6342247
Published
[March 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
240 So. 3d 755
District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340896
Published
rule on the motion within sixty days. See Fla. R. Crim.
P. 3.800(b)(2)(B) (providing that a motion to correct
Category: Criminal Procedure
239 So. 3d 1269
District Court of Appeal of Florida | Filed: Mar 16, 2018 | Docket: 6336218
Published
motion and it is thus deemed denied pursuant to rule 3.800(b)(2)(B). Mr. Thompson
argues on appeal that
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334605
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334603
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334621
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334613
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334627
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6334625
Published
[March 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333498
Published
2018]
Consolidated appeals from order denying rule 3.800(a) motion from the
Circuit Court for the Seventeenth
Category: Criminal Procedure
240 So. 3d 131
District Court of Appeal of Florida | Filed: Mar 9, 2018 | Docket: 6329248
Published
rejected the same claim that Stern made in his rule
3.800(a) motion. See Rooks v. State, 224 So. 3d 272
Category: Criminal Procedure
240 So. 3d 131
District Court of Appeal of Florida | Filed: Mar 9, 2018 | Docket: 6329248
Published
rejected the same claim that Stern made in his rule
3.800(a) motion. See Rooks v. State, 224 So. 3d 272
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 8, 2018 | Docket: 6327857
Published
[March 8, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 8, 2018 | Docket: 6327844
Published
[March 8, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 8, 2018 | Docket: 6327848
Published
[March 8, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
239 So. 3d 718
District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64674960
Published
Curiam.
Eddie Humphrey appeals the denial of his Rule 3.800(a) motion to correct an illegal *719sentence
Category: Criminal Procedure
240 So. 3d 846
District Court of Appeal of Florida | Filed: Mar 5, 2018 | Docket: 6336041
Published
sentence constitutes a ‘sentencing error’ subject to rule 3.800(b).”
1 See Amend. V, U.S. Const.;
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 1, 2018 | Docket: 6321336
Published
[March 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 1, 2018 | Docket: 6321336
Published
[March 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
239 So. 3d 93
District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318535
Published
life
sentence in a 1992 case. Appellant filed a rule 3.800 motion to correct
illegal sentence, arguing it
Category: Criminal Procedure
238 So. 3d 900
District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314228
Published
Sentencing Error” and cited rule 3.800(b). However, motions
under rule 3.800(b) must be made prior to appeal
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 22, 2018 | Docket: 6312778
Published
[February 22, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 15, 2018 | Docket: 6305695
Published
[February 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 15, 2018 | Docket: 6305680
Published
[February 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 15, 2018 | Docket: 6305674
Published
[February 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 15, 2018 | Docket: 6305682
Published
[February 15, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
241 So. 3d 908
District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304677
Published
"incomplete" sentence correctable under rule 3.800(c).
See also Schutte v. State, 824 So. 2d 308
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304719
Published
court failed to rule within 60 days. See Fla.
R. Crim. P. 3.800(b)(2)(B).
Section 921.1402(2)(c),
Category: Criminal Procedure
245 So. 3d 861
District Court of Appeal of Florida | Filed: Feb 12, 2018 | Docket: 6314183
Published
Rule of Criminal Procedure 3.800(a). In his rule
3.800(a) motion, Appellant alleged that the court erred
Category: Criminal Procedure
240 So. 3d 801
District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64675910
Published
judicial notice); 1D15-3220 (appeal of order denying rule 3.800 motion); 1D15-2725 (appeal of order denying initial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6299429
Published
[February 8, 2018]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6299404
Published
[February 8, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2018 | Docket: 6289702
Published
[February 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2018 | Docket: 6289714
Published
[February 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2018 | Docket: 6289683
Published
[February 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 1, 2018 | Docket: 6289690
Published
[February 1, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
237 So. 3d 446
District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300779
Published
for the trial court to treat the motion as a rule 3.800(a) motion and
set this matter for resentencing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2018 | Docket: 6282777
Published
[January 25, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2018 | Docket: 6282775
Published
[January 25, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2018 | Docket: 6282779
Published
[January 25, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 25, 2018 | Docket: 6282782
Published
[January 25, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 18, 2018 | Docket: 6262084
Published
[January 18, 2018]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 15, 2018 | Docket: 6284245
Published
filing a motion to
correct sentence pursuant to rule 3.800(b)(2)). Lastly, we remind trial courts that the
Category: Criminal Procedure
235 So. 3d 1034
District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 6262725
Published
during the pendency of a'direct appeal.
Rule 3.800(a) “is intended to balance the need for finality
Category: Criminal Procedure
237 So. 3d 417
District Court of Appeal of Florida | Filed: Jan 10, 2018 | Docket: 6258292
Published
may raise unpreserved sentencing errors under a rule 3.800(b)(2)
motion.”). Whether a trial court properly
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 21, 2017 | Docket: 6245771
Published
[December 21, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
237 So. 3d 1070
District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244877
Published
Jordan (“Jordan”) appeals the denial of his third Rule
3.800(a) post-conviction motion arguing that his sentences
Category: Criminal Procedure
230 So. 3d 1287
District Court of Appeal of Florida | Filed: Dec 15, 2017 | Docket: 60282823
Published
of a rule 3.800(a) motion challenging his designation as a sexual predator. Fla. R. Crim. P. 3.800(a).
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 14, 2017 | Docket: 6241676
Published
[December 14, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 14, 2017 | Docket: 6241651
Published
[December 14, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 14, 2017 | Docket: 6241651
Published
[December 14, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 14, 2017 | Docket: 6241667
Published
[December 14, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 14, 2017 | Docket: 6241658
Published
[December 14, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
237 So. 3d 1060
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240848
Published
their face an
entitlement to that relief.” Fla. R. Crim. P. 3.800(a); see also Martinez v. State, 211
So
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240857
Published
issue via a Florida Rule of Criminal Procedure Rule 3.800(b) motion.
The State is incorrect. “[A] trial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2017 | Docket: 6237514
Published
[December 7, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2017 | Docket: 6237509
Published
[December 7, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 7, 2017 | Docket: 6237499
Published
[December 7, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236459
Published
conviction.
Mr. Miller filed a rule 3.800(a) motion asserting that the twenty-year
sentences
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 30, 2017 | Docket: 6233375
Published
[November 30, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235079
Published
2
See Fla. R. Crim. P. 3.800(a); Johnson v. State, 60 So. 3d 1045 (Fla
Category: Criminal Procedure
253 So. 3d 22
District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235083
Published
2
Knight filed a Rule 3.800(a) motion to correct the illegal sentence on
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229167
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229139
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229134
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229134
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229156
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229146
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229158
Published
[November 22, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229130
Published
On August 24, 2016, Gilman filed the instant rule 3.800(a) motion, claiming
that he was improperly designated
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 16, 2017 | Docket: 6224724
Published
[November 16, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
229 So. 3d 1116
Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 60294203
Published
apply to post-conviction proceedings pursuant to rule 3.800(a), 3.850, 3.851, or 3.853/ Nothing in this rule
Category: Criminal Procedure
229 So. 3d 1116
Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220620
Published
apply to post-conviction proceedings pursuant to rule 3.800(a),
3.850, 3.851, or 3.853. Nothing in
Category: Criminal Procedure
229 So. 3d 1116
Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220620
Published
apply to post-conviction proceedings pursuant to rule 3.800(a),
3.850, 3.851, or 3.853. Nothing in
Category: Criminal Procedure
230 So. 3d 1256
District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225688
Published
sentencing orders. Montgomery filed a second rule 3.800(b)(2) motion, asking the court to vacate his
Category: Criminal Procedure
235 So. 3d 971
District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219433
Published
not been ruled on within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B). Because Brown was convicted under
Category: Criminal Procedure
229 So. 3d 849
District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 60281865
Published
did not demonstrate entitlement to relief under rule 3.800(a). The trial court denied the motion based upon
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219442
Published
did not demonstrate entitlement to relief under rule 3.800(a). The
trial court denied the motion based upon
Category: Criminal Procedure
235 So. 3d 904
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 60287124
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
235 So. 3d 904
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 60287123
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
235 So. 3d 904
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 60287124
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
235 So. 3d 903
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 60287122
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184692
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184694
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
235 So. 3d 903
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 60287120
Published
Appeal of order denying rule' 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184687
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184698
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184679
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 2, 2017 | Docket: 6184686
Published
[November 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6182919
Published
Appellee.
PER CURIAM.
Appellant filed a rule 3.800(a) motion raising several arguments challenging
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6182919
Published
Appellee.
PER CURIAM.
Appellant filed a rule 3.800(a) motion raising several arguments challenging
Category: Criminal Procedure
230 So. 3d 566
District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181368
Published
order denying in part and granting in part Ejak’s rule 3.800(b)(2) motion to correct sentencing error.
Category: Criminal Procedure
235 So. 3d 902
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 60287116
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
235 So. 3d 902
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 60287118
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
235 So. 3d 903
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 60287119
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180349
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180367
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180370
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180362
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180335
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180359
Published
[October 26, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180360
Published
[October 25, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 26, 2017 | Docket: 6180356
Published
[October 26, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179309
Published
[October 25, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
235 So. 3d 962
District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6181271
Published
This-appeal-follows;
The error to 'be corrected in a rule 3.800(a) motion must be apparent from the face of the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 19, 2017 | Docket: 6172324
Published
[October 19, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
235 So. 3d 900
District Court of Appeal of Florida | Filed: Oct 19, 2017 | Docket: 60287099
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 19, 2017 | Docket: 6172352
Published
[October 19, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171808
Published
[October 18, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171816
Published
[October 18, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2017 | Docket: 6168342
Published
[October 12, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2017 | Docket: 6168346
Published
[October 12, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2017 | Docket: 6168335
Published
[October 12, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2017 | Docket: 6168343
Published
[October 12, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2017 | Docket: 6168367
Published
[October 12, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164349
Published
[October 5, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164363
Published
[October 5, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164361
Published
[October 5, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164351
Published
[October 5, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
228 So. 3d 652, 2017 WL 4413106
District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164204
Published
Tyson argues he preserved this issue by filing a rule 3.800(b) motion below. But Cro-martie foreclosed this
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 28, 2017 | Docket: 6159914
Published
[September 28, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159008
Published
[September 27, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
226 So. 3d 385, 2017 Fla. App. LEXIS 13393, 2017 WL 4182947
District Court of Appeal of Florida | Filed: Sep 22, 2017 | Docket: 60274336
Published
sentencing error or by filing a motion pursuant to rule 3.800(b)(2). See Jackson v. State, 983 So.2d 562, 569
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155343
Published
[September 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155356
Published
[September 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155354
Published
[September 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155356
Published
[September 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 18, 2017 | Docket: 6160700
Published
sentencing error or by filing a motion pursuant to rule 3.800(b)(2).
See Jackson v. State, 983 So. 2d 562
Category: Criminal Procedure
225 So. 3d 1007, 2017 WL 4018421
District Court of Appeal of Florida | Filed: Sep 13, 2017 | Docket: 60271916
Published
without prejudice to appellant’s right to file a- rule 3.800(a) motion challenging his sentence in the trial
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 12, 2017 | Docket: 6151406
Published
without prejudice to
appellant’s right to file a rule 3.800(a) motion challenging his sentence in the trial
Category: Criminal Procedure
227 So. 3d 215, 2017 Fla. App. LEXIS 12833, 2017 WL 3879295
District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148140
Published
a Motion to Correct Illegal Sentence pursuant rule 3.800(a)(1). On June 21, 2017, the trial court granted
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148156
Published
[September 6, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148146
Published
[September 6, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148169
Published
[September 6, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
226 So. 3d 348, 2017 WL 3791476
District Court of Appeal of Florida | Filed: Sep 1, 2017 | Docket: 6146709
Published
postconviction court cited in its order denying Jackson’s rule 3.800(a) motion provided a reasonable basis to conclude
Category: Criminal Procedure
227 So. 3d 692, 2017 WL 3786085
District Court of Appeal of Florida | Filed: Sep 1, 2017 | Docket: 6148693
Published
sentence being served. Santiago thereafter filed his rule 3.800(b)(2) motion, arguing that the written sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146159
Published
[August 31, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146168
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146161
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146168
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146163
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146170
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 31, 2017 | Docket: 6146169
Published
[August 31, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
224 So. 3d 929, 2017 Fla. App. LEXIS 12367, 2017 WL 3721818
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145448
Published
court failed to timely rule on it. See Fla. R. Crim. P. '3.800(b)(2)(B). Accordingly, we affirm the circuit
Category: Criminal Procedure
230 So. 3d 499
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145449
Published
motions;
*501
In his most recent rule 3.800(a) motion, Mr. Clark raises two claims. First
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145388
Published
[August 30, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
225 So. 3d 971, 2017 Fla. App. LEXIS 12436, 2017 WL 3722481
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145458
Published
alternatively styled as an appeal from denial of a Rule 3.800 petition to correct an illegal sentence, Dunbar's
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144138
Published
Appellant appeals the trial court’s denial of his rule 3.800(a) motion
asserting that his 25-year minimum-mandatory
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 24, 2017 | Docket: 6142979
Published
[August 24, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 24, 2017 | Docket: 6142986
Published
[August 24, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
230 So. 3d 1229
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60282752
Published
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1227
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60282743
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1226
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60282741
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139663
Published
[August 17, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
230 So. 3d 1227
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60282746
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1228
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60282749
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139661
Published
[August 17, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139668
Published
[August 17, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139674
Published
[August 17, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139678
Published
[August 17, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139660
Published
[August 17, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 6139669
Published
[August 17, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
227 So. 3d 651, 2017 WL 3499812
District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138607
Published
which contended relief was unavailable under rule 3.800(a), where an evidentiary hearing was needed to
Category: Criminal Procedure
225 So. 3d 841, 2017 WL 3500338, 2017 Fla. App. LEXIS 11796
District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138615
Published
Charlie B. Rawls appeals the denial of his rule 3.800(a) motion. The appellant was sentenced to life
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138612
Published
order and the transcript from the hearing
on the Rule 3.800(b)(2) motion. We supplement the record with both
Category: Criminal Procedure
230 So. 3d 1220
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282706
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1221
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282709
Published
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit;
Category: Criminal Procedure
230 So. 3d 1223
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282716
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1220
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282707
Published
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fif*1221teenth Judicial
Category: Criminal Procedure
230 So. 3d 1222
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282714
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 1223
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 60282719
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135798
Published
[August 10, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135799
Published
[August 10, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135797
Published
[August 10, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135800
Published
[August 10, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135795
Published
[August 10, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135803
Published
[August 10, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135796
Published
[August 10, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 9, 2017 | Docket: 6135195
Published
[August 9, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
230 So. 3d 870
District Court of Appeal of Florida | Filed: Aug 3, 2017 | Docket: 60283639
Published
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
224 So. 3d 306, 2017 Fla. App. LEXIS 11052, 2017 WL 3271875
District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130763
Published
felony offender. On March 14, 2016, Reid filed a Rule 3.800(c) motion for reduction or modification of sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130769
Published
[August 2, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130772
Published
[August 2, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
229 So. 3d 404
District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130682
Published
sentence resulted in an illegal sentence.
Rule 3.800(a)(1) provides that “[a] court may at any time
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 27, 2017 | Docket: 6126935
Published
[July 27, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
225 So. 3d 909, 2017 WL 3160849, 2017 Fla. App. LEXIS 10646
District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126090
Published
2
On January 7, 2016, Secong filed his- rule 3.800(b) motion to • correct his sentence, arguing
Category: Criminal Procedure
221 So. 3d 1290, 2017 WL 3080333, 2017 Fla. App. LEXIS 10468
District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 6122723
Published
motion to correct a sentencing error.” Fla. R. Crim. P. 3.800(b)(2). A motion to correct a final sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 6122803
Published
[July 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 6122808
Published
[July 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 6122821
Published
[July 20, 2017]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 6122795
Published
[July 20, 2017]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
225 So. 3d 311, 2017 WL 3044664, 2017 Fla. App. LEXIS 10425
District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122326
Published
appeals the trial court’s order: (1) denying his rule 3.800(a) motion to vacate or set aside what the defendant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089498
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089492
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089514
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089490
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089479
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089495
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 13, 2017 | Docket: 6089495
Published
[ July 13, 2017 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
221 So. 3d 1197, 2017 WL 2983292, 2017 Fla. App. LEXIS 10060
District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088818
Published
of years on the other counts.
Through his rule 3.800(a) motion, Baker argued the sentencing scoresheet
Category: Criminal Procedure
224 So. 3d 256, 2017 WL 2960688, 2017 Fla. App. LEXIS 9992
District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088798
Published
relief, if appropriate, under rule 3.850 and/or rule 3.800.
Affirmed.
1
. Watkins indirectly
Category: Criminal Procedure
220 So. 3d 580, 2017 Fla. App. LEXIS 9892, 2017 WL 2950843
District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087790
Published
3.801, and even if they could be raised in a rule 3.800(b)(2) motion, they were insufficiently pled.
Category: Criminal Procedure
223 So. 3d 1126, 2017 WL 2945835, 2017 Fla. App. LEXIS 9888
District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6119599
Published
directed to resolve' the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 6, 2017 | Docket: 6085962
Published
[July 6, 2017]
Appeal of order denying rule 3.800(a) from the Circuit Court for the
Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 6, 2017 | Docket: 6085951
Published
]
Consolidated appeals of orders denying rule 3.800 motion from the
Circuit Court for the Seventeenth
Category: Criminal Procedure
223 So. 3d 281, 2017 WL 2858921, 2017 Fla. App. LEXIS 9648
District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085986
Published
timely appeals the trial court’s order denying his rule 3.800(a) motion, where he alleged that his sentence
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 14, 2017 | Docket: 6073868
Published
sentence.” Id. “[T]he sixty-day
requirement of Rule 3.800(c) is jurisdictional,” and “[t]he trial court
Category: Criminal Procedure
219 So. 3d 1009, 2017 WL 2491611, 2017 Fla. App. LEXIS 8525
District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 60266327
Published
We affirm the summary denial of Appellant’s rule 3.800(a)/3.801 motion without prejudice to Appellant
Category: Criminal Procedure
223 So. 3d 1093, 2017 WL 2457209, 2017 Fla. App. LEXIS 8328
District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070176
Published
imposition of these court costs, it would not be under rule 3.800(a), as Caison does not attack the costs themselves
Category: Criminal Procedure
221 So. 3d 1225, 2017 WL 2457203, 2017 Fla. App. LEXIS 8324
District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070173
Published
counsel at any resentencing proceeding from a rule 3.800(a) motion,” but a “violation of the right to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 5, 2017 | Docket: 6076394
Published
We affirm the summary denial of Appellant’s rule 3.800(a)/3.801 motion without
prejudice to Appellant
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 30, 2017 | Docket: 6067439
Published
PER CURIAM.
Appellant has filed a rule 3.800(a) motion in which he argues that because
he
Category: Criminal Procedure
221 So. 3d 715, 2017 WL 2302320, 2017 Fla. App. LEXIS 7669
District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6068689
Published
Shortly thereafter, Johnson filed the present rule 3.800(a) motion, arguing that when the trial court
Category: Criminal Procedure
226 So. 3d 291, 2017 WL 2304386
District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6066412
Published
foreclosed from seeking relief under either rule 3.800(b)(1) or rule 3.800(b)(2).
Given this atypical procedural
Category: Criminal Procedure
218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236
Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849
Published
entitled to relief on his motion.
In Acevedo’s rule 3.800(a) motion under review, Acevedo argued “that
Category: Criminal Procedure
223 So. 3d 331, 2017 WL 1927732, 2017 Fla. App. LEXIS 6591
District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060369
Published
State, 107 So.3d 418 (Fla. 3d DCA 2013) (denying rule 3.800 postconviction motion) (table); Doll v. State
Category: Criminal Procedure
216 So. 3d 781, 2017 Fla. App. LEXIS 6331
District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058981
Published
by Coleman’s motion for rehearing. See Fla. R. Crim. P. 3.800(b)(1)(B) (providing for motions for rehearing
Category: Criminal Procedure
218 So. 3d 979, 2017 WL 1536040, 2017 Fla. App. LEXIS 5953
District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058990
Published
appellate counsel ineffective for not filing rule 3.800 motion challenging lump sum fines and costs)
Category: Criminal Procedure
217 So. 3d 1135, 2017 WL 1507939, 2017 Fla. App. LEXIS 5763
District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784725
Published
order was filed with the clerk.
Pursuant to Rule 3.800(b)(1)(B), a defendant may file a motion for rehearing
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820242
Published
However, "[o]rders denying relief under rule 3.800(c) are not reviewable by
appeal." Seward
Category: Criminal Procedure
217 So. 3d 160, 2017 WL 1278068, 2017 Fla. App. LEXIS 4656
District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669325
Published
attempted first degree murder charge, and denied the Rule 3.800(a) motion as to the rest. We affirm.
Category: Criminal Procedure
214 So. 3d 779, 2017 WL 1202380, 2017 Fla. App. LEXIS 4380
District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667152
Published
Accordingly, we reverse the order denying Davis’s rule 3.800(a) motion and remand for resentencing under sections
Category: Criminal Procedure
214 So. 3d 783, 2017 WL 1202632, 2017 Fla. App. LEXIS 4424
District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4670150
Published
2d 1278 (Fla. 5th DCA 1997).
In Seeley’s rule 3.800(a) motion, he alleges that his offense occurred
Category: Criminal Procedure
215 So. 3d 1259, 2017 WL 1177590, 2017 Fla. App. LEXIS 4183
District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 4658150
Published
filed several rule 3.800 motions with the trial court and appealed several of his rule 3.800 denials.
Category: Criminal Procedure
214 So. 3d 690, 2017 WL 1174763, 2017 Fla. App. LEXIS 4186
District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264215
Published
Florida Rule of Criminal Procedure 3.800(c). A rule 3.800(c) motion is a collateral proceeding, “not a
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4618977
Published
issue on appeal that he had not raised in his rule
3.800(a) motion. Therefore, we cannot address the issue
Category: Criminal Procedure
212 So. 3d 1143, 2017 WL 1040910, 2017 Fla. App. LEXIS 3582
District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621380
Published
to relief, this claim is not cognizable under rule 3.800(a).
1
Instead, it should have been
Category: Criminal Procedure
213 So. 3d 933
District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60263950
Published
without prejudice for defendant to refile the Rule 3.800 motion with supporting documents.
May, Gerber
Category: Criminal Procedure
230 So. 3d 469
District Court of Appeal of Florida | Filed: Feb 23, 2017 | Docket: 60283177
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 469
District Court of Appeal of Florida | Filed: Feb 23, 2017 | Docket: 60283177
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 467
District Court of Appeal of Florida | Filed: Feb 23, 2017 | Docket: 60283141
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit
Category: Criminal Procedure
230 So. 3d 466
District Court of Appeal of Florida | Filed: Feb 23, 2017 | Docket: 60283132
Published
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 9, 2017 | Docket: 4583349
Published
error, we reverse the order denying
Appellant’s rule 3.800(a) motion and remand for resentencing in accordance
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 30, 2017 | Docket: 4583361
Published
without prejudice for Appellant to refile his Rule 3.800(a) motion, if
appropriate.
COHEN, C.J., BERGER
Category: Criminal Procedure
210 So. 3d 720, 2017 Fla. App. LEXIS 628, 2017 WL 280896
District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 60261839
Published
preserve the issue via the timely filing of a rule 3.800(b)(2) motion, although he concedes that the law
Category: Criminal Procedure
213 So. 3d 917, 2017 Fla. App. LEXIS 495
District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60263945
Published
such action beyond the sixty-day limitation” of rule 3.800(c).
This limitation on a criminal court’s jurisdiction
Category: Criminal Procedure
207 So. 3d 377
District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631327
Published
June 14, 2016, order denying Petitioner’s pro se rule 3.800(a) motion alleging an illegal sentence, filed
Category: Criminal Procedure
208 So. 3d 808, 2016 Fla. App. LEXIS 19234
District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 60258687
Published
subsequent postconviction motions, Appellant filed a rule 3.800(a) motion, arguing the trial court improperly
Category: Criminal Procedure
207 So. 3d 376, 2016 Fla. App. LEXIS 19179
District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559234
Published
affirm the denial of ground two of McDonald’s rule 3.800(a) motion, but we reverse the denial of ground
Category: Criminal Procedure
208 So. 3d 313, 2016 Fla. App. LEXIS 19146
District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559231
Published
valid basis for an illegal sentence claim under rule 3.800(a).”); Blocker v. State, 968 So.2d 686, 691 (Fla
Category: Criminal Procedure
209 So. 3d 64, 2016 Fla. App. LEXIS 18691
District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555820
Published
Valdespino (“the defendant”) appeals the denial of his rule 3.800 motion to correct what he claims is an illegal
Category: Criminal Procedure
206 So. 3d 154, 2016 Fla. App. LEXIS 18187
District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550687
Published
motion to correct sentencing error, see Fla. R. Crim. P. 3.800(b), the trial court entered an order directing
Category: Criminal Procedure
204 So. 3d 975, 2016 Fla. App. LEXIS 17894
District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550613
Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
210 So. 3d 703, 2016 Fla. App. LEXIS 17718
District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 60261831
Published
the state’s motion was not permit*704ted under rule 3.800(b). Therefore, we reverse and remand with directions
Category: Criminal Procedure
204 So. 3d 944, 41 Fla. L. Weekly Supp. 561, 2016 Fla. LEXIS 2554
Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544122
Published
can be litigated in either a motion filed under rule 3.800(b) while a defendant’s direct appeal is pending
Category: Criminal Procedure
204 So. 3d 90, 2016 Fla. App. LEXIS 16763
District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63630504
Published
595 (Fla. 1st DCA 2012), for support. See Fla. R. Crim. P. 3.800(b)(1)(B) (providing that either party may
Category: Criminal Procedure
208 So. 3d 218, 2016 Fla. App. LEXIS 16670
District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486848
Published
September 9, 2009. Wromas subsequently filed the Rule 3.800 motion, which the trial court denied after receiving
Category: Criminal Procedure
203 So. 3d 969, 2016 Fla. App. LEXIS 16437
District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4485680
Published
do so within the sixty-day window afforded by rule 3.800(b)(2)(B). Consequently, the order granting Lavender’s
Category: Criminal Procedure
202 So. 3d 460, 2016 Fla. App. LEXIS 16046
District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4487127
Published
imposition of fees and costs cannot be raised under rule 3.800(a).
See Lindquist v. State,
155
Category: Criminal Procedure
203 So. 3d 189, 2016 Fla. App. LEXIS 15938
District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257398
Published
Malcolm Durkee appeals an order denying his rule 3.800(a) motion to correct illegal sentence. He argues
Category: Criminal Procedure
201 So. 3d 1258, 2016 Fla. App. LEXIS 15880
District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60256957
Published
(holding that trial court erred in denying a rule 3.800(b)(2) motion where it mistakenly believed it
Category: Criminal Procedure
201 So. 3d 850, 2016 Fla. App. LEXIS 15560
District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480382
Published
2015, Benitez filed a pro se motion pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
201 So. 3d 850, 2016 Fla. App. LEXIS 15560
District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480382
Published
2015, Benitez filed a pro se motion pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
201 So. 3d 1228, 2016 Fla. App. LEXIS 15573
District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480374
Published
under
Miller. Id.
at 409. Ejak filed a rule 3.800(b)(2) motion to correct sentencing error citing
Category: Criminal Procedure
207 So. 3d 271, 2016 Fla. App. LEXIS 15213
District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4481305
Published
So.3d 186 (Fla. 5th DCA 2010), in order for a rule 3.800(a) movant to comply with his special duty to
Category: Criminal Procedure
208 So. 3d 143, 2016 Fla. App. LEXIS 15124
District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 4478840
Published
case doctrine applies to motions filed under Rule 3.800);
Swain v. State,
911 So.2d 140, 144
Category: Criminal Procedure
201 So. 3d 809, 2016 Fla. App. LEXIS 15063
District Court of Appeal of Florida | Filed: Oct 10, 2016 | Docket: 4480290
Published
PER CURIAM.
Appellant filed a rule 3.800(a) motion to withdraw his plea to a negotiated sentence
Category: Criminal Procedure
200 So. 3d 799, 2016 Fla. App. LEXIS 15046, 2016 WL 5874420
District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480300
Published
two Motions to Correct Sentencing Error Under Rule 3.800(b)(2), Florida Rules of Criminal Procedure. In
Category: Criminal Procedure
205 So. 3d 793, 2016 Fla. App. LEXIS 14449
District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426651
Published
counsel was ineffective for failing to file a rule 3.800(b)(2) motion to correct a sentence that is not
Category: Criminal Procedure
201 So. 3d 203, 2016 Fla. App. LEXIS 14454
District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426647
Published
advising that, if necessary, counsel should file a rule 3.800(b) motion with the trial court prior to filing
Category: Criminal Procedure
199 So. 3d 1127, 2016 Fla. App. LEXIS 13921, 2016 WL 4945116
District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4426874
Published
years minimum mandatory. Appellant filed this rule 3.800(a) motion, arguing his sentence does not afford
Category: Criminal Procedure
199 So. 3d 1127, 2016 Fla. App. LEXIS 13921, 2016 WL 4945116
District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4426874
Published
years minimum mandatory. Appellant filed this rule 3.800(a) motion, arguing his sentence does not afford
Category: Criminal Procedure
199 So. 3d 553, 2016 Fla. App. LEXIS 13810, 2016 WL 4916784
District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256638
Published
claim. “An order denying a facially sufficient rule 3.800(a) motion should include not only valid reasons
Category: Criminal Procedure
202 So. 3d 84, 2016 Fla. App. LEXIS 12894
District Court of Appeal of Florida | Filed: Aug 26, 2016 | Docket: 4416608
Published
timely rule on the motion.
See
Fla. R. Crim. P. 3.800(b)(2)(B). Long argues and the State concedes
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 26, 2016 | Docket: 4418146
Published
did not timely rule on the motion. See Fla. R. Crim. P.
3.800(b)(2)(B). Long argues and the State concedes
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2016 | Docket: 4416584
Published
motion in Florida state court, pursuant to Fla. R.
Crim. P. 3.800, to correct an illegal sentence on the
Category: Criminal Procedure
210 So. 3d 91, 2016 Fla. App. LEXIS 12917
District Court of Appeal of Florida | Filed: Aug 26, 2016 | Docket: 4416607
Published
that Primav-eras claim was not cognizable in a rule 3.800(a) motion.
See Coughlin v. State,
Category: Criminal Procedure
228 So. 3d 162, 2016 WL 4396084
District Court of Appeal of Florida | Filed: Aug 18, 2016 | Docket: 60278721
Published
directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall
Category: Criminal Procedure
199 So. 3d 390, 2016 Fla. App. LEXIS 12455, 2016 WL 4380798
District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256592
Published
Sentencing the Defendant
In the defendant’s rule 3.800(b)(2) motion to correct sentence, he argued that
Category: Criminal Procedure
199 So. 3d 378, 2016 Fla. App. LEXIS 12417, 2016 WL 4376746
District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121051
Published
December 9, 2010. On April 3, 2015, Ivey filed a Rule 3.800 motion to correct the illegal sentence, which
Category: Criminal Procedure
198 So. 3d 973, 2016 Fla. App. LEXIS 12031, 2016 WL 4204029
District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118414
Published
specified, the motion was deemed denied under rule 3.800(b)(2)(B).
1
The State has appropriately
Category: Criminal Procedure
198 So. 3d 957, 2016 Fla. App. LEXIS 11833, 2016 WL 4159257
District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 4117426
Published
express no opinion on the merits of Rumlin’s rule 3.800(b)(2) motion and affirm without prejudice to
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 29, 2016 | Docket: 4115124
Published
motion to correct sentencing error, see Fla. R. Crim. P.
3.800(b), the trial court entered an order directing
Category: Criminal Procedure
197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595
District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114277
Published
date of the offense was August 8, 1997. In his rule 3.800(a) motion, Patterson alleged that his sentence
Category: Criminal Procedure
196 So. 3d 532, 2016 Fla. App. LEXIS 11095, 2016 WL 3919073
District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256101
Published
President appeals the summary denial of his amended rule 3.800(a) motion to correct illegal sentence. ' Several
Category: Criminal Procedure
197 So. 3d 616, 2016 Fla. App. LEXIS 11005, 2016 WL 3882639
District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113597
Published
In 2014, the appellant filed the instant rule 3.800(a) motion, arguing in ground four that the trial
Category: Criminal Procedure
195 So. 3d 1196, 2016 Fla. App. LEXIS 11007, 2016 WL 3882710
District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113587
Published
such claims may properly be raised pursuant to rule 3.800(a).
See Simmons v. State,
180 So.3d
Category: Criminal Procedure
197 So. 3d 98, 2016 WL 3854820
District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111228
Published
Although the trial court ultimately granted Goffs rule 3.800(b)(2) motion, the order was rendered after the
Category: Criminal Procedure
195 So. 3d 420, 2016 Fla. App. LEXIS 10778, 2016 WL 3746957
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60255969
Published
reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. The State
Category: Criminal Procedure
194 So. 3d 574, 2016 WL 3554408
District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088984
Published
counsel was ineffective for failing to file a rule 3.800(b)(2) motion to correct a sentence that is not
Category: Criminal Procedure
194 So. 3d 545, 2016 Fla. App. LEXIS 9525, 2016 WL 3421533
District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081289
Published
II). The court denied Mr. Miller’s subsequent rule 3.800(b)(2) motion, and Mr. Miller appealed.
Mr
Category: Criminal Procedure
193 So. 3d 1085, 2016 Fla. App. LEXIS 9358, 2016 WL 3364691
District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3079570
Published
opportunity to correct the sentencing error by filing a rule 3.800(b)(2) motion and the court failed to do so, the
Category: Criminal Procedure
193 So. 3d 1070, 2016 Fla. App. LEXIS 9430, 2016 WL 3353632
District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3090199
Published
because “absent the trial court’s ruling on a rule 3.800(b)(2) motion, these errors were not preserved”)
Category: Criminal Procedure
193 So. 3d 1070, 2016 Fla. App. LEXIS 9430, 2016 WL 3353632
District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3090199
Published
because “absent the trial court’s ruling on a rule 3.800(b)(2) motion, these errors were not preserved”)
Category: Criminal Procedure
197 So. 3d 1126, 2016 Fla. App. LEXIS 9227, 2016 WL 3265743
District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078613
Published
ninety years and a subsequent order denying his rule 3.800 motion for resentencing. Because Stephenson’s
Category: Criminal Procedure
192 So. 3d 1281, 2016 Fla. App. LEXIS 9033, 2016 WL 3223888
District Court of Appeal of Florida | Filed: Jun 13, 2016 | Docket: 60255313
Published
CURIAM.
Charles Roosa appeals an order denying his rule 3.800(a) motion, which challenged his consecutive sentences
Category: Criminal Procedure
192 So. 3d 1257, 2016 WL 3186523, 2016 Fla. App. LEXIS 8841
District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071329
Published
appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant has filed two rule 3.800(a) motions
Category: Criminal Procedure
193 So. 3d 1008, 2016 WL 3125470, 2016 Fla. App. LEXIS 8483
District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069708
Published
sentence reflecting the relief granted.
In his rule 3.800(b) motion, Hagan also requested that the court
Category: Criminal Procedure
199 So. 3d 971, 2016 WL 3090686, 2016 Fla. App. LEXIS 8346
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071374
Published
hearing on the motion, the State argued that rule 3.800(b)(2),was not the proper rule to grant a remedy
Category: Criminal Procedure
192 So. 3d 675, 2016 WL 3090571, 2016 Fla. App. LEXIS 8263
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068940
Published
court affirmed the summary denial of Ser-aphin’s rule 3.800(a) motion.
See Seraphin v. State,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071349
Published
[June 1, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071348
Published
[June 1, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071361
Published
[June 1, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
192 So. 3d 662, 2016 WL 3065079, 2016 Fla. App. LEXIS 8250
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068946
Published
additional offense.
Dennewitz also claimed in his rule 3.800(b) motion that he was entitled to the proper
Category: Criminal Procedure
204 So. 3d 459, 2016 WL 3087805, 2016 Fla. App. LEXIS 8336
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071355
Published
claims via a Florida Rule of Criminal Procedure rule 3.800 or rule 3.850 motion. As such, the court ordered
Category: Criminal Procedure
204 So. 3d 459, 2016 WL 3087805, 2016 Fla. App. LEXIS 8336
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071355
Published
claims via a Florida Rule of Criminal Procedure rule 3.800 or rule 3.850 motion. As such, the court ordered
Category: Criminal Procedure
194 So. 3d 465, 2016 Fla. App. LEXIS 7924, 2016 WL 3001234
District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067228
Published
as one to correct sentence pursuant to Fla. R.Crim. P. 3.800(a). The claims raised in Mr. Solorio’s motion
Category: Criminal Procedure
193 So. 3d 996, 2016 WL 3017499, 2016 Fla. App. LEXIS 7931
District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255733
Published
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.800(c) (providing that whether to reduce or mitigate a
Category: Criminal Procedure
200 So. 3d 137
District Court of Appeal of Florida | Filed: May 23, 2016 | Docket: 3069654
Published
file a rule 3.800(b)(2) motion during this appeal. However, his motion was untimely.
Rule 3.800(b)(2)
Category: Criminal Procedure
200 So. 3d 137
District Court of Appeal of Florida | Filed: May 23, 2016 | Docket: 3069654
Published
file a rule 3.800(b)(2) motion during this appeal. However, his motion was untimely.
Rule 3.800(b)(2)
Category: Criminal Procedure
192 So. 3d 572, 2016 WL 2897403, 2016 Fla. App. LEXIS 7575
District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3064993
Published
therefore deemed denied.
See
Fla. R.Crim. P. 3.800(b)(2)(B).
Mr. Stewart is correct that
Category: Criminal Procedure
192 So. 3d 579, 2016 WL 2897656, 2016 Fla. App. LEXIS 7652
District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071404
Published
(Fla. 2d DCA 2001) (affirming the denial of a rule 3.800(a) motion asserting “the trial -court-did not
Category: Criminal Procedure
192 So. 3d 579, 2016 WL 2897656, 2016 Fla. App. LEXIS 7652
District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071404
Published
(Fla. 2d DCA 2001) (affirming the denial of a rule 3.800(a) motion asserting “the trial -court-did not
Category: Criminal Procedure
190 So. 3d 698, 2016 WL 2855908, 2016 Fla. App. LEXIS 7450
District Court of Appeal of Florida | Filed: May 16, 2016 | Docket: 60254951
Published
App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is' discretionary with the court arfd is itself
Category: Criminal Procedure
190 So. 3d 268, 2016 WL 2760113, 2016 Fla. App. LEXIS 7304
District Court of Appeal of Florida | Filed: May 13, 2016 | Docket: 3065878
Published
to a third-degree felony. Kogan also filed a rule 3.800 motion to correct illegal sentence.
After
Category: Criminal Procedure
191 So. 3d 950, 2016 Fla. App. LEXIS 7193, 2016 WL 2745045
District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071437
Published
III, appeals an order summarily denying his Rule 3.800(a) motion. He challenged the twenty-five year
Category: Criminal Procedure
191 So. 3d 953, 2016 Fla. App. LEXIS 7197, 2016 WL 2745048
District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071430
Published
reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant’s
Category: Criminal Procedure
192 So. 3d 534, 2016 Fla. App. LEXIS 6864
District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062265
Published
[May 4, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
190 So. 3d 692, 2016 WL 2342918, 2016 Fla. App. LEXIS 6865
District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062274
Published
order granting in part and denying in part his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
190 So. 3d 692, 2016 WL 2342918, 2016 Fla. App. LEXIS 6865
District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062274
Published
order granting in part and denying in part his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
189 So. 3d 1052, 2016 WL 1602923, 2016 Fla. App. LEXIS 6167
District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057070
Published
motion; it may be raised in a facially sufficient rule 3.800(a) motion.
See Harris v. State,
Category: Criminal Procedure
189 So. 3d 1052, 2016 WL 1602923, 2016 Fla. App. LEXIS 6167
District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057070
Published
motion; it may be raised in a facially sufficient rule 3.800(a) motion.
See Harris v. State,
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 3054323
Published
counsel was ineffective for failing to file a rule 3.800(b)(2)
motion to correct a sentence that is not
Category: Criminal Procedure
188 So. 3d 936, 2016 Fla. App. LEXIS 5535, 2016 WL 1436519
District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052610
Published
Procedure 3.800(b)(2).
2
In Appellant’s Rule 3.800(b)(2) motion, he asserted he was entitled to
Category: Criminal Procedure
188 So. 3d 86, 2016 Fla. App. LEXIS 4920, 2016 WL 1239757
District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049143
Published
appellate review purposes.
See
Fla.R.Crim. P. 3.800(b)(2)(B);
Delacruz v. State,
Category: Criminal Procedure
187 So. 3d 955, 2016 Fla. App. LEXIS 4793, 2016 WL 1203928
District Court of Appeal of Florida | Filed: Mar 29, 2016 | Docket: 60254162
Published
this-claim is *956not cognizable pursuant to rule 3.800(a). See Dep’t of Corrections v. Mattress, 686
Category: Criminal Procedure
188 So. 3d 915, 2016 Fla. App. LEXIS 8733, 2016 WL 1573955
District Court of Appeal of Florida | Filed: Mar 24, 2016 | Docket: 3050053
Published
is illegal, we reverse.
See
Fla. R. Crim. P. 3.800(a).
The defendant was convicted of
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046120
Published
to correct illegal sentence
filed pursuant to rule 3.800(a). We reverse and remand.
The appellant
Category: Criminal Procedure
187 So. 3d 324
District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046121
Published
to the trial court’s order denying Appellant’s rule 3.800(b)(2) motion, this pronouncement was insufficient
Category: Criminal Procedure
186 So. 3d 1129, 2016 Fla. App. LEXIS 4113, 2016 WL 1039184
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044827
Published
Jerome McClellion appeals the denial of his rule 3.800(a) motion to correct an illegal sentence. We
Category: Criminal Procedure
187 So. 3d 918, 2016 Fla. App. LEXIS 4020, 2016 WL 1039112
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 60254151
Published
must correct the written sentences pursuant to a Rule 3.800(a) motion.
Affirmed, without prejudice.
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044889
Published
correct the written sentences pursuant
to a Rule 3.800(a) motion.
Affirmed, without prejudice
Category: Criminal Procedure
186 So. 3d 1129, 2016 Fla. App. LEXIS 4116
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044823
Published
[March 16, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
186 So. 3d 1129, 2016 Fla. App. LEXIS 4116
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044823
Published
[March 16, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
198 So. 3d 843, 2016 Fla. App. LEXIS 3765, 2016 WL 937878
District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3044935
Published
ground one of Mr. Wilson’s motion as filed under rule 3.800(a), and we reverse the postconviction court’s
Category: Criminal Procedure
198 So. 3d 828, 2016 Fla. App. LEXIS 3599, 2016 WL 889016
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044953
Published
motion is deemed denied.
See
Fla. R.Crim. P. 3.800(b)(2)(B).
Category: Criminal Procedure
186 So. 3d 1113, 2016 Fla. App. LEXIS 3631
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042776
Published
[March 9, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
186 So. 3d 1118, 2016 Fla. App. LEXIS 3640, 2016 WL 903631
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042772
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. The issue
Category: Criminal Procedure
186 So. 3d 1111, 2016 Fla. App. LEXIS 3639, 2016 WL 892362
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042778
Published
McCormick- appeals an order summarily denying -his rule 3.800(a) motion to-correct illegal sentence. We affirm
Category: Criminal Procedure
186 So. 3d 1113, 2016 WL 892612
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 60294132
Published
CURIAM.
Eric Grice appeals an order denying a rule 3.800(a) motion which seeks additional jail credit
Category: Criminal Procedure
186 So. 3d 1114, 2016 Fla. App. LEXIS 3632, 2016 WL 892655
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042769
Published
reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence and remand
Category: Criminal Procedure
186 So. 3d 1119, 2016 Fla. App. LEXIS 3636, 2016 WL 903660
District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042782
Published
appeals the 'trial court’s order striking his rule 3.800(a) motion to correct illegal sentence. The court
Category: Criminal Procedure
186 So. 3d 1120, 2016 WL 916784
District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3045745
Published
Reynolds did not file a direct appeal.
Rule 3.800(a) allows a. defendant to petition the court
Category: Criminal Procedure
197 So. 3d 569, 2016 Fla. App. LEXIS 2866, 2016 WL 746540
District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039671
Published
denials of his two prior rule 3.850 motions and his rule 3.800 motion,
see Williams v. State,
151
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038782
Published
[February 24, 2016]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
643 F. App'x 898
Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 2016 | Docket: 65962016
Published
days to the tolling periods for Negron’s second Rule 3.800 motion and his Rule 3.850 motion to account for
Category: Criminal Procedure
Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037340
Published
Committee), to review the issue of successive rule 3.800(a)
motions and the postconviction procedure
Category: Criminal Procedure
186 So. 3d 587, 2016 Fla. App. LEXIS 2288, 2016 WL 627879
District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036650
Published
Ricardo L. Whyms appeals an order denying his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
185 So. 3d 686, 2016 Fla. App. LEXIS 1754, 2016 WL 540650
District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035162
Published
-written order, the trial court denied Latham’s rule 3.800(b)(2) motion, concluding that the restitution
Category: Criminal Procedure
193 So. 3d 5, 2016 Fla. App. LEXIS 1453, 2016 WL 424650
District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033853
Published
In-thfe'case,.he appealed the dismissal of a rule 3.800(a) motion that raised challenges to his convictions
Category: Criminal Procedure
812 F.3d 885, 2016 U.S. App. LEXIS 1515, 2016 WL 370660
Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 2016 | Docket: 3032483
Published
sentence after it granted Insignares’s motion under Rule 3.800(a). See, e.g., id. at 1281 (“The 2009 resentencing
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 2016 | Docket: 3032889
Published
court entered an order granting Mr. Patterson’s Rule 3.800 motion. The order
repeated all of the sentences
Category: Criminal Procedure
184 So. 3d 592, 2016 Fla. App. LEXIS 1008, 2016 WL 313982
District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 60253334
Published
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.800(a) (providing that “[a] court may at any time correct
Category: Criminal Procedure
Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029855
Published
Committee), to review the issue of successive rule 3.800(a)
motions and the postconviction procedure
Category: Criminal Procedure
183 So. 3d 1163, 2016 Fla. App. LEXIS 236, 2016 WL 64434
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026031
Published
State concedes that the court’s utilization of Rule 3.800(c) was improper, but argues that the ordered
Category: Criminal Procedure
183 So. 3d 1163, 2016 Fla. App. LEXIS 236, 2016 WL 64434
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026031
Published
State concedes that the court’s utilization of Rule 3.800(c) was improper, but argues that the ordered
Category: Criminal Procedure
201 So. 3d 652, 2015 Fla. App. LEXIS 19467
District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 60257037
Published
cognizable in motion to correct illegal sentence under.rule 3.800(a), where alleged violation of plea agreement
Category: Criminal Procedure
181 So. 3d 1250, 2015 Fla. App. LEXIS 19200, 2015 WL 9319148
District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 60252540
Published
797 So.2d 1246, 1249 (Fla.2001) (holding that rule 3.800(a) “is not a vehicle designed to reexamine whether
Category: Criminal Procedure
198 So. 3d 675, 2015 Fla. App. LEXIS 19155, 2015 WL 9311400
District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 3023597
Published
Illegal Sentence was properly considered under rule 3.800(b)(1) because the motion was filed before the
Category: Criminal Procedure
180 So. 3d 244, 2015 Fla. App. LEXIS 19219, 2015 WL 9319143
District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 3023602
Published
acknowledged that the defendant claimed in his rule 3.800(a) motion that the second degree murder with
Category: Criminal Procedure
184 So. 3d 550, 2015 Fla. App. LEXIS 19221, 41 Fla. L. Weekly Fed. D 9
District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 3023609
Published
denied, as such a claim is not cognizable under rule 3.800(a), and to the extent that such a claim is cognizable
Category: Criminal Procedure
184 So. 3d 1184, 2015 Fla. App. LEXIS 18931, 2015 WL 9264143
District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022466
Published
of mandate in this court.
See
Fla. R. Crim. P. 3.800(c).
Affirmed in part, reversed in
Category: Criminal Procedure
180 So. 3d 227, 2015 Fla. App. LEXIS 18809, 2015 WL 9008943
District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021569
Published
to be considered denied.
See
Fla. R.Crim. P. 3.800(b)(1)(B)
&
3.800(b)(2)(B).
Category: Criminal Procedure
180 So. 3d 234, 2015 Fla. App. LEXIS 18797
District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021574
Published
[December 16, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
200 So. 3d 104, 2015 Fla. App. LEXIS 18486, 2015 WL 8483822
District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60256773
Published
Sexual Predator Act; error to summarily deny rule 3.800(a) motion to correct illegal sentence without
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017413
Published
[December 2, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
185 So. 3d 536, 2015 Fla. App. LEXIS 17803, 2015 WL 7686948
District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3015987
Published
C.J.
On April 1, 2015, Espinosa filed a Rule 3.800 motion to correct an illegal sentence entitled
Category: Criminal Procedure
180 So. 3d 184, 2015 Fla. App. LEXIS 17372, 2015 WL 7295282
District Court of Appeal of Florida | Filed: Nov 19, 2015 | Docket: 60252335
Published
CURIAM.
We affirm the denial of the appellant’s rule 3.800(a) motion challenging his VCC sentences on the
Category: Criminal Procedure
198 So. 3d 653, 2015 Fla. App. LEXIS 17027, 2015 WL 7081277
District Court of Appeal of Florida | Filed: Nov 13, 2015 | Docket: 3012523
Published
reduce or mitigate sentence.
See
Fla. R. Crim. P. 3.800(c). We have jurisdiction.
See Kwapil
Category: Criminal Procedure
177 So. 3d 1046
District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3012518
Published
remand for further proceedings.
In McManus’ rule 3.800(a) motion, he asserted that the life sentence
Category: Criminal Procedure
177 So. 3d 702
District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3012515
Published
jail credit, the appellant filed the instant rule 3.800(a) motion, seeking credit for time previously
Category: Criminal Procedure
177 So. 3d 702
District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3012515
Published
jail credit, the appellant filed the instant rule 3.800(a) motion, seeking credit for time previously
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011940
Published
2015 order
denying rehearing of Quintero’s rule 3.800(a) motion to correct an illegal sentence.
On
Category: Criminal Procedure
188 So. 3d 868, 2015 Fla. App. LEXIS 16570, 2015 WL 6738818
District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009687
Published
concluding that this claim was raised in a previous Rule 3.800(a) motion. Regardless, we affirm because it is
Category: Criminal Procedure
176 So. 3d 1285, 2015 Fla. App. LEXIS 16212, 2015 WL 6613942
District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60250894
Published
date of filing to rule on the motion. See Fla. R. Crim. P. 3.800(c). At the time the trial court’s order
Category: Criminal Procedure
185 So. 3d 1169, 40 Fla. L. Weekly Supp. 593, 2015 Fla. LEXIS 2948, 2015 WL 10490031
Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008265
Published
Committee), to review the issue of successive rule 3.800(a)
motions and the postconviction procedure
Category: Criminal Procedure
177 So. 3d 1015
District Court of Appeal of Florida | Filed: Oct 25, 2015 | Docket: 3006984
Published
Rudd’s sentence is filed.
See
Fla. R.Crim. P. 3.800(c) (providing “[a] court may reduce ...
Category: Criminal Procedure
177 So. 3d 689, 2015 Fla. App. LEXIS 15749, 2015 WL 6393798
District Court of Appeal of Florida | Filed: Oct 23, 2015 | Docket: 60251206
Published
hearing, the State made an oral motion under Rule 3.800(a), claiming that although they had neither objected
Category: Criminal Procedure
182 So. 3d 16, 2015 Fla. App. LEXIS 15321, 2015 WL 6023924
District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60252715
Published
filed a motion for sentencing relief pursuant to rule 3.800 of the Florida Rules of Criminal Procedure. Among
Category: Criminal Procedure
177 So. 3d 95, 2015 Fla. App. LEXIS 15347, 2015 WL 6087195
District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 2986200
Published
years after that, on June 19, 2014, he filed a rule 3.800(a) motion to correct his sentence. Miller’s motion
Category: Criminal Procedure
176 So. 3d 1016, 2015 Fla. App. LEXIS 15319, 2015 WL 6021548
District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60250745
Published
exist, the error may be corrected pursuant to rule 3.800(a)); Smith v. State, 616 So.2d 1116, 1117 (Fla
Category: Criminal Procedure
177 So. 3d 97, 2015 Fla. App. LEXIS 15352
District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60294108
Published
order and remand for reconsideration of Lewis’s rule 3.800(a) motion. See Fla. R. App. P. 9.141(b)(2)(D)
Category: Criminal Procedure
177 So. 3d 97, 2015 WL 6087322
District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 2986201
Published
and
remand for reconsideration of Lewis's rule 3.800(a) motion. See Fla. R. App. P.
9.141(b)(2)(D)
Category: Criminal Procedure
177 So. 3d 64, 2015 Fla. App. LEXIS 15034, 2015 WL 5916851
District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 2866466
Published
through the discharge of a firearm).
In the rule 3.800(a) motion at issue in this appeal, Lewis argued
Category: Criminal Procedure
177 So. 3d 311, 2015 Fla. App. LEXIS 14897, 2015 WL 5836162
District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865053
Published
James L. Gore appeals an order denying a rule 3.800(a) motion which seeks additional jail credit
Category: Criminal Procedure
175 So. 3d 383, 2015 Fla. App. LEXIS 14106, 2015 WL 5611350
District Court of Appeal of Florida | Filed: Sep 25, 2015 | Docket: 60250563
Published
We note that this claim is cognizable under rule 3.800(a) when entitlement to relief is clear on the
Category: Criminal Procedure
174 So. 3d 1092, 2015 Fla. App. LEXIS 13811
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808052
Published
800(b) motion to raise this issue
on appeal. A Rule 3.800(b)(2) motion to correct sentence subsequent to
Category: Criminal Procedure
174 So. 3d 1055, 2015 Fla. App. LEXIS 13080, 2015 WL 5131633
District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690047
Published
years in prison for each count. In a subsequent rule 3.800(b) motion, defendant successfully challenged
Category: Criminal Procedure
172 So. 3d 990, 2015 Fla. App. LEXIS 12849, 2015 WL 5051131
District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250186
Published
review of the trial court’s summary denial of his rule 3.800(a) motion to correct an illegal sentence. We
Category: Criminal Procedure
174 So. 3d 553, 2015 Fla. App. LEXIS 12759
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687705
Published
August 26, 2015 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
201 So. 3d 70, 2015 Fla. App. LEXIS 12722
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687681
Published
defendant cannot properly seek such relief under rule 3.800(a) where he fails to affirmatively allege that
Category: Criminal Procedure
174 So. 3d 553, 2015 WL 5029216
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 60294093
Published
appeal -without prejudice to appellant filing a rule 3.800(a) motion that demonstrates on the face of the
Category: Criminal Procedure
174 So. 3d 485, 2015 Fla. App. LEXIS 12478, 2015 WL 4930601
District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685299
Published
Appellant also challenges the denial of his rule 3.800(b)(2) motion to correct sentencing error. Appellant
Category: Criminal Procedure
174 So. 3d 485, 2015 Fla. App. LEXIS 12478, 2015 WL 4930601
District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685299
Published
Appellant also challenges the denial of his rule 3.800(b)(2) motion to correct sentencing error. Appellant
Category: Criminal Procedure
201 So. 3d 69, 2015 Fla. App. LEXIS 12025
District Court of Appeal of Florida | Filed: Aug 13, 2015 | Docket: 2684106
Published
“Motion to Correct Illegal Sentence,” pursuant to rule 3.800 of the Florida Rules of Criminal Procedure. While
Category: Criminal Procedure
172 So. 3d 523, 2015 Fla. App. LEXIS 11955, 2015 WL 4747188
District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683578
Published
may raise unpreserved sentencing errors under a rule 3.800(b)(2) motion.
See Jackson v. State,
Category: Criminal Procedure
170 So. 3d 945, 2015 Fla. App. LEXIS 11579, 2015 WL 4577086
District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 60249541
Published
motions. See Fla. R. Crim. P. 3.850(f). Unlike rule 3.800(a), the former remedy for jail credit claims
Category: Criminal Procedure
174 So. 3d 437, 2015 Fla. App. LEXIS 11397, 2015 WL 4549626
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679174
Published
defendant appeals an order summarily denying his rule 3.800(a) motion. He argues the trial court erred in
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679164
Published
[July 29, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
168 So. 3d 1290, 2015 Fla. App. LEXIS 11425, 2015 WL 4554809
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 60248615
Published
[sentencing] or file a post-sentence motion under rule 3.800(b)” to obtain review of sentencing errors subject
Category: Criminal Procedure
174 So. 3d 1025, 2015 Fla. App. LEXIS 11197, 2015 WL 4497646
District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679088
Published
filed a motion to correct sentencing error under rule 3.800(b)(2), contending that the new sentences were
Category: Criminal Procedure
170 So. 3d 865, 2015 Fla. App. LEXIS 10839, 2015 WL 4379729
District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 2679095
Published
postconviction court treated this pro se motion as a rule 3.800(a) motion to
*868
correct illegal
Category: Criminal Procedure
168 So. 3d 350, 2015 Fla. App. LEXIS 10771, 2015 WL 4256864
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 60248659
Published
PER CURIAM.
The denial of the appellant’s rule 3.800(a) motion is affirmed without prejudice to the
Category: Criminal Procedure
198 So. 3d 15, 2015 Fla. App. LEXIS 10481, 2015 WL 4154172
District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679108
Published
sentencing process and was not cognizable in a rule 3.800(a) motion.
Plott I,
86 So.3d at 518-19
Category: Criminal Procedure
173 So. 3d 1020, 2015 Fla. App. LEXIS 10366, 2015 WL 4095272
District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2671920
Published
the trial court erred in granting in part the Rule 3.800(a) motion based upon a claim of double jeopardy
Category: Criminal Procedure
190 So. 3d 1085, 2015 Fla. App. LEXIS 10363, 2015 WL 4111336
District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2671927
Published
burglary charges. On August 16, 2005, pursuant to a rule 3.800(b), Florida Rules of Criminal Procedure, Flowers
Category: Criminal Procedure
169 So. 3d 250, 2015 Fla. App. LEXIS 9959, 2015 WL 4002301
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679213
Published
concession and reverse the order denying appellant’s rule 3.800(a) motion to correct illegal sentence and remand
Category: Criminal Procedure
169 So. 3d 249, 2015 Fla. App. LEXIS 9962
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679215
Published
[July 1, 2015]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
169 So. 3d 249, 2015 Fla. App. LEXIS 9962
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679215
Published
[July 1, 2015]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
169 So. 3d 250, 2015 Fla. App. LEXIS 9958, 2015 WL 4002288
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679225
Published
2014), this Court affirmed the denial of a prior rule 3.800 motion without prejudice for appellant to file
Category: Criminal Procedure
169 So. 3d 249, 2015 Fla. App. LEXIS 9964
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679224
Published
[July 1, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
183 So. 3d 1110, 2015 Fla. App. LEXIS 9972
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679220
Published
[July 1, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
167 So. 3d 514, 2015 Fla. App. LEXIS 9743, 2015 WL 3903549
District Court of Appeal of Florida | Filed: Jun 26, 2015 | Docket: 60248486
Published
claim of illegal sentence is cognizable under rule 3.800(a). Hopping v. State, 708 So.2d 263, 265 (Fla
Category: Criminal Procedure
167 So. 3d 509, 2015 Fla. App. LEXIS 9581
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679229
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
169 So. 3d 208, 2015 Fla. App. LEXIS 9569
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679239
Published
[June 24, 2015]
Appeal of order denying rule 3.800(a) motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679250
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679237
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
169 So. 3d 207, 2015 Fla. App. LEXIS 9584
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679241
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679236
Published
[ June 24, 2015 ]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
169 So. 3d 206, 2015 Fla. App. LEXIS 9580
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679240
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
167 So. 3d 508, 2015 Fla. App. LEXIS 9586
District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679246
Published
[June 24, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679267
Published
[June 17, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
166 So. 3d 949, 2015 Fla. App. LEXIS 9268
District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679271
Published
[June 17, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
165 So. 3d 855, 2015 Fla. App. LEXIS 8917, 2015 WL 3631643
District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60248245
Published
572 (noting that sentencing errors subject to Rule 3.800(b)(2) include written orders that deviate from
Category: Criminal Procedure
164 So. 3d 1283, 2015 Fla. App. LEXIS 9001, 2015 WL 3645895
District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60247928
Published
court’s order denying Mr. Fernandez’s October 2013 rule 3.800(a) motion and remand for resentencing to effectuate
Category: Criminal Procedure
167 So. 3d 392, 40 Fla. L. Weekly Supp. 324, 2015 Fla. LEXIS 1280, 2015 WL 3617873
Supreme Court of Florida | Filed: Jun 11, 2015 | Docket: 2663935
Published
uncertainty about the interplay” of Anders, Causey, and rule 3.800(b)(2)).
Recently, in Arline v. State, 155 So
Category: Criminal Procedure
167 So. 3d 392, 40 Fla. L. Weekly Supp. 324, 2015 Fla. LEXIS 1280, 2015 WL 3617873
Supreme Court of Florida | Filed: Jun 11, 2015 | Docket: 2663935
Published
uncertainty about the interplay” of Anders, Causey, and rule 3.800(b)(2)).
Recently, in Arline v. State, 155 So
Category: Criminal Procedure
170 So. 3d 74
District Court of Appeal of Florida | Filed: Jun 7, 2015 | Docket: 2662664
Published
appeals the trial court’s order denying his rule 3.800(b)(2) motion to correct sentencing error in which
Category: Criminal Procedure
166 So. 3d 898, 2015 Fla. App. LEXIS 8468, 2015 WL 3488181
District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679295
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion.
Johnson v. State,
60 So
Category: Criminal Procedure
166 So. 3d 894, 2015 Fla. App. LEXIS 8479, 2015 WL 3486645
District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679287
Published
162 So.3d 93 (Fla. 4th DCA 2014). Thus, a rule 3.800(c) motion is timely when filed within 60 days
Category: Criminal Procedure
164 So. 3d 1251
District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662146
Published
Criminal Procedure 3.800(b)(2), but by operation of rule 3.800(b)(2)(B), the motion was deemed denied after
Category: Criminal Procedure
183 So. 3d 1090, 2015 Fla. App. LEXIS 8029, 2015 WL 3396661
District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679309
Published
the scoring of his misdemeanor offenses in a rule 3.800(b) motion and argued the point on direct appeal
Category: Criminal Procedure
164 So. 3d 150
District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659811
Published
judgment.
The appellant did not file a timely rule 3.800(b) motion to correct any errors. Due to the large
Category: Criminal Procedure
163 So. 3d 1261, 2015 Fla. App. LEXIS 7547, 2015 WL 2384081
District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2658379
Published
juvenile at the time of the offenses, filed a rule 3.800(a) motion arguing that her sentence of life without
Category: Criminal Procedure
194 So. 3d 341, 2015 Fla. App. LEXIS 7626
District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679339
Published
[May 20, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
165 So. 3d 720, 2015 Fla. App. LEXIS 7280, 2015 WL 2259329
District Court of Appeal of Florida | Filed: May 15, 2015 | Docket: 60248229
Published
30-year sentence.
Had appellate counsel filed a rule 3.800(b)(2) motion alleging an illegal sentence, either
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2656528
Published
burglary charges. On August 16, 2005, pursuant to a rule 3.800(b), Florida Rules
of Criminal Procedure, Flowers
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679365
Published
[May 6, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
164 So. 3d 96, 2015 WL 2091629
District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 60248111
Published
PER CURIAM.
Kern Davis appeals the denial of a rule 3.800(a) motion. Davis argues that he does not qualify
Category: Criminal Procedure
163 So. 3d 683, 2015 Fla. App. LEXIS 6312, 2015 WL 1930312
District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2679369
Published
correct sentencing error.
See
Fla. R.Crim. P. 3.800(b)(2) (2013) (“If an appeal is pending,
Category: Criminal Procedure
163 So. 3d 721, 2015 Fla. App. LEXIS 6220, 2015 WL 1945269
District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 60247738
Published
Rule 3.850 motion, dated July 29, 2009, or his Rule 3.800 motion, dated October 28, 2014, was ever filed
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653161
Published
Rule 3.850 motion, dated July 29, 2009, or his Rule
3.800 motion, dated October 28, 2014, was ever filed
Category: Criminal Procedure
162 So. 3d 1167, 2015 Fla. App. LEXIS 6005, 2015 WL 1851532
District Court of Appeal of Florida | Filed: Apr 24, 2015 | Docket: 60247394
Published
timely post-sentencing procedure pursuant to rule 3.800.” Dunbar v. State, 35 So.3d 54, 55 (Fla. 5th
Category: Criminal Procedure
163 So. 3d 623, 2015 Fla. App. LEXIS 5856, 2015 WL 1813995
District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679381
Published
affirm the trial court’s order denying appellant’s rule 3.800(a) motion to correct
*624
illegal
Category: Criminal Procedure
174 So. 3d 1011
District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650248
Published
thus it was deemed denied.
See
Fla. R.Crim. P. 3.800(b)(1)(B). The State was given the opportunity
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Apr 14, 2015 | Docket: 2649510
Published
appeals the trial court’s order denying his
rule 3.800(b)(2) motion to correct sentencing error in which
Category: Criminal Procedure
160 So. 3d 950, 2015 Fla. App. LEXIS 5194, 2015 WL 1609926
District Court of Appeal of Florida | Filed: Apr 10, 2015 | Docket: 60246956
Published
appeals the trial court’s summary denial of his Rule 3.800(a) Motion to Correct Illegal Sentence. The sole
Category: Criminal Procedure
161 So. 3d 1282
District Court of Appeal of Florida | Filed: Apr 6, 2015 | Docket: 2647163
Published
by section 775.082(10) by granting appellant’s rule 3.800(b)(2) motion, its failure to do so requires resentencing
Category: Criminal Procedure
160 So. 3d 533, 2015 Fla. App. LEXIS 4669, 2015 WL 1449174
District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646050
Published
motion to correct sentencing error filed under rule 3.800(b)(2). In his motion, he had challenged two costs
Category: Criminal Procedure
160 So. 3d 533, 2015 Fla. App. LEXIS 4669, 2015 WL 1449174
District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646050
Published
motion to correct sentencing error filed under rule 3.800(b)(2). In his motion, he had challenged two costs
Category: Criminal Procedure
190 So. 3d 99, 2015 Fla. App. LEXIS 4726, 2015 WL 1456034
District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679423
Published
the reasons set forth herein, we treat White’s rule 3.800(b) motion as a petition for certiorari and deny
Category: Criminal Procedure
160 So. 3d 523, 2015 Fla. App. LEXIS 4370, 2015 WL 1360786
District Court of Appeal of Florida | Filed: Mar 27, 2015 | Docket: 60246885
Published
939 So.2d 198, 199 n. 1 (Fla. 5th DCA 2006) (“A rule 3.800(a) motion is the proper vehicle to address a
Category: Criminal Procedure
160 So. 3d 108, 2015 Fla. App. LEXIS 3877, 2015 WL 1213972
District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642448
Published
CURIAM.
James Graham appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. We
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642458
Published
2015]
Consolidated appeal of orders denying rule 3.800 and 3.850 motions
from the Circuit Court for
Category: Criminal Procedure
159 So. 3d 365
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2641085
Published
and sentence, and the denial of the appellant’s rule 3.800(b) motion to the extent the appellant challenged
Category: Criminal Procedure
159 So. 3d 363, 2015 Fla. App. LEXIS 3442, 2015 WL 1048380
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 60246569
Published
Rule of Criminal Procedure 3.850 (rather than rule 3.800), where the resolution of the motion requires
Category: Criminal Procedure
163 So. 3d 541, 2015 Fla. App. LEXIS 3437, 2015 WL 1048304
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 60247708
Published
Rule of Criminal Procedure 3.850, rather than rule 3.800, is the proper procedural vehicle for Williams
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640568
Published
[March 11, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640552
Published
Rule of
Criminal Procedure 3.850, rather than rule 3.800, is the proper procedural vehicle
for Williams
Category: Criminal Procedure
160 So. 3d 496, 2015 WL 895915
District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246870
Published
subsequent motion to correct sentence, see Fla. R. Crim. P. 3.800(b)(2), to include a youthful offender designation;
Category: Criminal Procedure
159 So. 3d 279, 2015 Fla. App. LEXIS 2964, 2015 WL 895302
District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246538
Published
complaint with the DOC. His next remedy is not a rule 3.800(a) motion but a petition for writ of mandamus
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 2636921
Published
3d 385 (Fla. 3d DCA 2013), addresses only his Rule 3.800 motion
to correct illegal sentence in which
Category: Criminal Procedure
201 So. 3d 52, 2015 Fla. App. LEXIS 2560
District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 60257024
Published
3d 385 (Fla. 3d DCA 2013), addresses only his Rule 3.800 motion to correct illegal sentence in which he
Category: Criminal Procedure
159 So. 3d 875, 2015 Fla. App. LEXIS 2153, 2015 WL 685639
District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 60246701
Published
modification of sentence filed on the authority of rule 3.800(c), Florida Rules of Criminal Procedure. We grant
Category: Criminal Procedure
157 So. 3d 434, 2015 Fla. App. LEXIS 1614, 2015 WL 477562
District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60246064
Published
jurisdiction to rule on his motion. See Fla. R. App. P. 3.800(a). We reverse the trial court’s September
Category: Criminal Procedure
156 So. 3d 587, 2015 Fla. App. LEXIS 1393, 2015 WL 446274
District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631114
Published
the oral pronouncement.
See
Fla. R. Crim. P. 3.800(a) (providing that “[a] court may at any
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2633397
Published
2
oral pronouncement. See Fla. R. Crim. P. 3.800(a) (providing that “[a] court may
at any
Category: Criminal Procedure
157 So. 3d 428, 2015 Fla. App. LEXIS 1376, 2015 WL 445119
District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631108
Published
correct any sentencing error may be filed under rule 3.800(b)(1) during the time allowed for the filing
Category: Criminal Procedure
157 So. 3d 386, 2015 Fla. App. LEXIS 1223, 2015 WL 403989
District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629743
Published
resen-tencing occurred as a result of a successful rule 3.800(b) motion, that the two-year timeframe in which
Category: Criminal Procedure
156 So. 3d 578, 2015 Fla. App. LEXIS 999, 2015 WL 357079
District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628626
Published
we affirm the trial court’s denial.
“A rule 3.800(a) motion to correct an illegal sentence is intended
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628629
Published
[January 28, 2015]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
156 So. 3d 560, 2015 Fla. App. LEXIS 654, 2015 WL 249327
District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245812
Published
illegal sentence pursuant to rule 3.800. In the motions filed pursuant to rule 3.800, Lyons asserted various
Category: Criminal Procedure
156 So. 3d 560, 2015 Fla. App. LEXIS 654, 2015 WL 249327
District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245812
Published
illegal sentence pursuant to rule 3.800. In the motions filed pursuant to rule 3.800, Lyons asserted various
Category: Criminal Procedure
156 So. 3d 562, 2015 Fla. App. LEXIS 642, 2015 WL 252431
District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245813
Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
152 So. 3d 1290, 2015 Fla. App. LEXIS 176, 2015 WL 71684
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621534
Published
Rodriguez argues that counsel should have filed a rule 3.800(b)(2) motion to correct a sentencing error and
Category: Criminal Procedure
155 So. 3d 444, 2015 Fla. App. LEXIS 131, 2015 WL 73984
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621527
Published
(the “Order”). The Order denies the appellant’s rule 3.800 motion as successive and refers to two earlier
Category: Criminal Procedure
152 So. 3d 1291, 2015 Fla. App. LEXIS 173, 2015 WL 71659
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621561
Published
the trial court’s order summarily denying his rule 3.800(a) motion challenging the legality of his life
Category: Criminal Procedure
154 So. 3d 1191, 2015 Fla. App. LEXIS 143, 2015 WL 71646
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621568
Published
sentence” that can be corrected at any time under rule 3.800(a).
Ives v. State,
993 So.2d 117,
Category: Criminal Procedure
155 So. 3d 1209, 2015 Fla. App. LEXIS 182, 2015 WL 71677
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621576
Published
this case. In sum, the defendant’s claim in this rule 3.800 motion and appeal is frivolous.
We caution
Category: Criminal Procedure
152 So. 3d 1279
District Court of Appeal of Florida | Filed: Jan 5, 2015 | Docket: 2621183
Published
*1280
court’s orders denying his pro se rule 3.800(a) motion seeking additional jail credit in case
Category: Criminal Procedure
153 So. 3d 985, 2015 Fla. App. LEXIS 5, 2015 WL 24079
District Court of Appeal of Florida | Filed: Jan 2, 2015 | Docket: 60245389
Published
alleged an error in his jail credit calculation. Rule 3.800(a) was the proper vehicle for addressing jail
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 31, 2014 | Docket: 2620138
Published
by a motion to correct
illegal sentence under rule 3.800(a)).
Affirmed without prejudice.
Category: Criminal Procedure
152 So. 3d 865, 2014 Fla. App. LEXIS 20579, 2014 WL 7190928
District Court of Appeal of Florida | Filed: Dec 19, 2014 | Docket: 60245010
Published
order denying the motion he filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Because
Category: Criminal Procedure
152 So. 3d 783
District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614592
Published
required to attach any records to an order denying a rule 3.800(a) motion.
Johnson v. State,
60 So
Category: Criminal Procedure
152 So. 3d 783
District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614592
Published
required to attach any records to an order denying a rule 3.800(a) motion.
Johnson v. State,
60 So
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613280
Published
[December 10, 2014]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Seventeenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613279
Published
[December 10, 2014]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
152 So. 3d 807
District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613285
Published
[December 10, 2014]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Fifteenth
Category: Criminal Procedure
158 So. 3d 667, 2014 Fla. App. LEXIS 19613, 2014 WL 6789906
District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610880
Published
affirmed; seven appeals from the summary denials of rule 3.800(a) motions to correct an illegal sentence, all
Category: Criminal Procedure
152 So. 3d 111, 2014 Fla. App. LEXIS 19493, 2014 WL 6721071
District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 60244698
Published
trial court did not rule on the motion. See Fla. R. Crim. P. 3.800(b)(2)(B); Bass v. State, 122 So.3d 1002
Category: Criminal Procedure
152 So. 3d 96, 2014 Fla. App. LEXIS 19082, 2014 WL 6488678
District Court of Appeal of Florida | Filed: Nov 21, 2014 | Docket: 60245146
Published
We reverse.
The trial court granted an earlier rule 3.800(a) motion that Patterson filed and ordered a
Category: Criminal Procedure
152 So. 3d 680, 2014 Fla. App. LEXIS 18839, 2014 WL 6460790
District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606379
Published
208 (Fla. 2d DCA 2010). By failing to file a Rule 3.800(b) motion, appellant waived this issue and cannot
Category: Criminal Procedure
162 So. 3d 126, 2014 Fla. App. LEXIS 18853, 2014 WL 6460496
District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606372
Published
for writ of habeas corpus that was treated as a rule 3.800(a) motion to correct an illegal sentence, and
Category: Criminal Procedure
150 So. 3d 1199, 2014 Fla. App. LEXIS 18398, 2014 WL 5834375
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595477
Published
even after Defendant raised this issue in his rule 3.800(b)(1) motion. Accordingly, we reverse and remand
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2606371
Published
Criminal Procedure 3.800(b)(2).2 Thereafter, on
2 Rule 3.800(b)(2) provides:
If an appeal is pending
Category: Criminal Procedure
158 So. 3d 660, 2014 Fla. App. LEXIS 18192, 2014 WL 5784569
District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2593759
Published
establishes that when responding both to Howard’s rule 3.800(a) motion and to his rule 3.850 motion, the State
Category: Criminal Procedure
152 So. 3d 53, 2014 Fla. App. LEXIS 18177, 2014 WL 5781212
District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244962
Published
imposed, and thus is not a proper claim under rule 3.800(a). Reynolds v. State, 590 So.2d 1043, 1044 (Fla
Category: Criminal Procedure
152 So. 3d 55, 2014 Fla. App. LEXIS 18172, 2014 WL 5781133
District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244964
Published
apply to post-conviction proceedings pursuant to rule 3.800(a), 3.850, 3.851, or 3.853. Nothing in this rule
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593254
Published
Appellant filed his rule 3.800(b)(2) motion. See Fla. R. Crim. P.
3.800(b)(1)(B); Ogden v. State
Category: Criminal Procedure
151 So. 3d 521, 2014 Fla. App. LEXIS 17905, 2014 WL 5615555
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592844
Published
PER CURIAM.
We agree with appellant that a rule 3.800(b) motion is an appropriate means for asserting
Category: Criminal Procedure
149 So. 3d 756, 2014 Fla. App. LEXIS 17943, 2014 WL 5682519
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 60244004
Published
2007) (“Accordingly, for motions filed under rule 3.800(a), we hold that if the trial court could have
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592836
Published
trial court’s order that
summarily denied his rule 3.800 motion for postconviction relief. We deny
Appellant’s
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Nov 3, 2014 | Docket: 2592196
Published
“imposition” of
sentence by trial court under Rule 3.800(c) includes sentence imposed by trial
court
Category: Criminal Procedure
149 So. 3d 732, 2014 Fla. App. LEXIS 17672, 2014 WL 5462495
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60243988
Published
after Appellant filed his rule 3.800(b)(2) motion. See Fla. R. Crim. P. 3.800(b)(1)(B); Ogden v. State
Category: Criminal Procedure
149 So. 3d 159
District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1421625
Published
scoresheet. Because the motion was filed pursuant to rule 3.800(a) and did
not meet the pleading requirements
Category: Criminal Procedure
149 So. 3d 168, 2014 Fla. App. LEXIS 17241
District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419226
Published
proceedings that followed Defendant’s filing of a rule 3.800(a) motion challenging the sentence imposed in
Category: Criminal Procedure
148 So. 3d 169, 2014 Fla. App. LEXIS 16745, 2014 WL 5100183
District Court of Appeal of Florida | Filed: Oct 13, 2014 | Docket: 60243474
Published
motion to correct sentencing error pursuant to rule 3.800(b), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443311
Published
motion to correct sentencing error pursuant to
rule 3.800(b), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
149 So. 3d 1151, 2014 Fla. App. LEXIS 15630, 2014 WL 4988402
District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432895
Published
rule 3.801, the appellant filed an insufficient rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
148 So. 3d 148, 2014 Fla. App. LEXIS 15242, 2014 WL 4853511
District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1404523
Published
requirements of law when it dismisses a timely rule 3.800(c) motion without considering the merits of the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1315710
Published
motion to correct
an illegal sentence. See Fla. R. Crim. P. 3.800(a). In 2009, Collier was convicted
of
Category: Criminal Procedure
147 So. 3d 653, 2014 Fla. App. LEXIS 14401, 2014 WL 4628547
District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 60243299
Published
however, should be treated as filed pursuant to rule 3.800(a). On appeal from a summary denial, this Court
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1255906
Published
however, should be treated as
filed pursuant to rule 3.800(a). On appeal from a summary denial, this Court
Category: Criminal Procedure
147 So. 3d 1057, 2014 Fla. App. LEXIS 14103, 2014 WL 4435946
District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185181
Published
on their face an entitlement to relief.” Fla. R. Crim. P. 3.800(a). The record shows, however, that the
Category: Criminal Procedure
149 So. 3d 103, 2014 Fla. App. LEXIS 13675, 2014 WL 4327911
District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150931
Published
affirm the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
145 So. 3d 985, 2014 Fla. App. LEXIS 13395, 2014 WL 4243112
District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60242797
Published
mandatory minimum term. In 2014, Appellant filed a rule 3.800(a) motion in which he claimed that his sentence
Category: Criminal Procedure
145 So. 3d 952, 2014 Fla. App. LEXIS 13017, 2014 WL 4160010
District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 1075120
Published
imposed in another case.
In ground one of his rule 3.800(a) motion, Mr. Armstrong alleged that his sentences
Category: Criminal Procedure
150 So. 3d 803, 2014 WL 4083549, 2014 Fla. App. LEXIS 12816
District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119726
Published
Referencing the transcript, the trial court denied the rule 3.800 motion.
Appellant contends, however, that
Category: Criminal Procedure
157 So. 3d 1055, 2014 WL 4082938, 2014 Fla. App. LEXIS 12814
District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120041
Published
trial court’s denial of appellant’s successive rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
145 So. 3d 913, 2014 Fla. App. LEXIS 12803, 2014 WL 4086823
District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119487
Published
a motion for correction of jail credit under rule 3.800(a), seeking credit for time served prior to the
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936946
Published
Following the sentence’s rendition, appellant filed a Rule 3.800(b)(2)
motion to correct illegal sentence, asserting
Category: Criminal Procedure
155 So. 3d 1158, 2014 WL 3843075, 2014 Fla. App. LEXIS 12026
District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 839446
Published
oral and written sentence is cognizable in a rule 3.800(a) proceeding for correction of an illegal sentence
Category: Criminal Procedure
143 So. 3d 1103, 2014 WL 3756352, 2014 Fla. App. LEXIS 11762
District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60242264
Published
the motion on its merits by treating it as a rule 3.800(a) motion to correct sentence. In determining
Category: Criminal Procedure
141 So. 3d 1247
District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378984
Published
affirm the trial court’s order denying Hernandez’s rule 3.800(a) motion.
In 2006, following a plea, Hernandez
Category: Criminal Procedure
141 So. 3d 1247
District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378984
Published
affirm the trial court’s order denying Hernandez’s rule 3.800(a) motion.
In 2006, following a plea, Hernandez
Category: Criminal Procedure
183 So. 3d 404, 2014 WL 3643557, 2014 Fla. App. LEXIS 11196
District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 60253004
Published
considered the merits of his arguments under Rule 3.800. Finding no merit, we affirm both of the orders
Category: Criminal Procedure
142 So. 3d 957, 2014 WL 3434153, 2014 Fla. App. LEXIS 10885
District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 798008
Published
a motion that Appellant filed under rule 3.800(a). The rule 3.800(a) motion did not seek relief under
Category: Criminal Procedure
142 So. 3d 916, 2014 WL 3189417, 2014 Fla. App. LEXIS 10517
District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1152
Published
prison on Count III as a PRR. Appellant filed a rule 3.800(b)(2) motion to
*917
correct sentence
Category: Criminal Procedure
141 So. 3d 709, 2014 WL 2958589, 2014 Fla. App. LEXIS 10147
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 370358
Published
per curiam in case number 2D 12-5724 summary rule 3.800 appeal);
Fox v. State,
No. 2D12-3696
Category: Criminal Procedure
141 So. 3d 707, 2014 WL 2958586, 2014 Fla. App. LEXIS 10152
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 370353
Published
litigated a claim for jail credit in an earlier rule 3.800(a) motion and that he had negotiated his plea
Category: Criminal Procedure
142 So. 3d 904, 2014 WL 2957259, 2014 Fla. App. LEXIS 10128
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 1176
Published
motion to correct illegal sentence, pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 797181
Published
[July 2, 2014]
Appeal of order denying rule 3.800 motion from the Circuit Court for
the Nineteenth
Category: Criminal Procedure
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 797171
Published
[July 2, 2014]
Appeal from order denying rule 3.800 motion the Circuit Court for the
Seventeenth
Category: Criminal Procedure
141 So. 3d 695, 2014 WL 2862582, 2014 Fla. App. LEXIS 9558
District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242018
Published
cases. While the appeal was pending, he filed a rule 3.800(b) motion to correct sentencing errors, which
Category: Criminal Procedure
140 So. 3d 1144, 2014 Fla. App. LEXIS 9524, 2014 WL 2810575
District Court of Appeal of Florida | Filed: Jun 23, 2014 | Docket: 60241380
Published
3d 674, 677 (Fla. 1st DCA 2010) (noting that Rule 3.800(a) allows a court to correct an illegal sentence
Category: Criminal Procedure
143 So. 3d 953, 2014 WL 2740536, 2014 Fla. App. LEXIS 9212
District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242404
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. In 1979
Category: Criminal Procedure
139 So. 3d 478, 2014 WL 2501563, 2014 Fla. App. LEXIS 8383
District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60241153
Published
within sixty days after imposition. See Fla. R.Crim. P. 3.800(c). The sixtieth day from July 17, 2013
Category: Criminal Procedure
138 So. 3d 1222, 2014 WL 2197551, 2014 Fla. App. LEXIS 8096
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240543
Published
appellant allegedly sought the same jail credit in a rule 3.800(b)(2) motion to correct sentencing error. See
Category: Criminal Procedure
139 So. 3d 430, 2014 WL 2198241, 2014 Fla. App. LEXIS 7973
District Court of Appeal of Florida | Filed: May 27, 2014 | Docket: 60241115
Published
order dismissing his direct appeal. See Fla. R.Crim. P. 3.800(c) (providing in part that “[a] court may
Category: Criminal Procedure
141 So. 3d 604, 2014 WL 2117880, 2014 Fla. App. LEXIS 7690
District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241960
Published
an order denying Mr. Sabbag’s previously filed rule 3.800(a) motion divested the postconviction court of
Category: Criminal Procedure
138 So. 3d 1146, 2014 Fla. App. LEXIS 7328, 2014 WL 2009020
District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60240506
Published
had been imposed in the other case. See Fla. R. Crim. P. 3.800 court cmt. (“[S]crivener’s error refers
Category: Criminal Procedure
138 So. 3d 589, 2014 WL 1875786, 2014 Fla. App. LEXIS 6956
District Court of Appeal of Florida | Filed: May 9, 2014 | Docket: 60240739
Published
considered this claim of illegal sentence under rule 3.800, and we remand for it to do so.
Second, Mr. Calderon’s
Category: Criminal Procedure
138 So. 3d 1093, 2014 WL 1796062, 2014 Fla. App. LEXIS 6714
District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240466
Published
minimum punishment, could be addressed through a rule 3.800(b)(2) motion).
Category: Criminal Procedure
137 So. 3d 596, 2014 WL 1775376, 2014 Fla. App. LEXIS 6406
District Court of Appeal of Florida | Filed: May 2, 2014 | Docket: 60240384
Published
control and as reflected in the order granting his rule 3.800(b)(2) motion to correct his sentence.
Affirmed
Category: Criminal Procedure
139 So. 3d 370, 2014 WL 1722205, 2014 Fla. App. LEXIS 6261
District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60241077
Published
be brought pursuant to rule 3.850, rather than rule 3.800(a). Lopez v. State, 2 So.3d 1057 (Fla. 3d DCA
Category: Criminal Procedure
138 So. 3d 503, 2014 WL 1632126, 2014 Fla. App. LEXIS 6056
District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240688
Published
briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental
Category: Criminal Procedure
137 So. 3d 556, 2014 WL 1464595, 2014 Fla. App. LEXIS 5559
District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240364
Published
filed a rule 3.800(b) motion which led to his resentencing, he did not file another rule 3.800(b) motion
Category: Criminal Procedure
137 So. 3d 556, 2014 WL 1464595, 2014 Fla. App. LEXIS 5559
District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240364
Published
filed a rule 3.800(b) motion which led to his resentencing, he did not file another rule 3.800(b) motion
Category: Criminal Procedure
162 So. 3d 22, 2014 WL 1464474, 2014 Fla. App. LEXIS 5569
District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60247452
Published
oral and written sentence may be raised in a rule 3.800(a) motion in the trial court. However, Chandler
Category: Criminal Procedure
143 So. 3d 335, 39 Fla. L. Weekly Supp. 212, 2014 WL 1408559, 2014 Fla. LEXIS 1209
Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 56795
Published
POSTCONVICTION COURT,
PURSUANT TO THE DEFENDANT’S RULE 3.800(a) MOTION,
REDUCES THE PRISON SENTENCE
Category: Criminal Procedure
137 So. 3d 1169, 2014 WL 1393102, 2014 Fla. App. LEXIS 5236
District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240203
Published
prejudice to the defendant filing an appropriate Rule 3.800 motion to correct the written sentence. The record
Category: Criminal Procedure
137 So. 3d 525, 2014 WL 1301312, 2014 Fla. App. LEXIS 4786
District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240345
Published
Scott timely appeals the summary denial of his rule 3.800 motion alleging that his sentence is illegal
Category: Criminal Procedure
137 So. 3d 1123, 2014 WL 1257522, 2014 Fla. App. LEXIS 4407
District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240178
Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
137 So. 3d 1123, 2014 WL 1257522, 2014 Fla. App. LEXIS 4407
District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240178
Published
and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas
Category: Criminal Procedure
137 So. 3d 463, 2014 WL 1031424, 2014 Fla. App. LEXIS 3927
District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60240322
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion seeking additional jail credit. The
Category: Criminal Procedure
133 So. 3d 1196, 2014 WL 948843, 2014 Fla. App. LEXIS 3486
District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238720
Published
rule on the motion within sixty days. See Fla. R. Crim. P. 3.800(b)(1)(B), (b)(2)(B).
Category: Criminal Procedure
134 So. 3d 548, 2014 WL 972030, 2014 Fla. App. LEXIS 3768
District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60239274
Published
deviated from the oral pronouncement is subject to rule 3.800(b), whereby the failure to either object during
Category: Criminal Procedure
134 So. 3d 548, 2014 WL 972030, 2014 Fla. App. LEXIS 3768
District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60239274
Published
deviated from the oral pronouncement is subject to rule 3.800(b), whereby the failure to either object during
Category: Criminal Procedure
137 So. 3d 1, 2014 WL 866153, 2014 Fla. App. LEXIS 3055
District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60240129
Published
that exceeds the statutory maximum. See Fla. R.Crim. P. 3.800 court cmt.; Ashley v. State, 850 So.2d 1265
Category: Criminal Procedure
133 So. 3d 1120, 2014 WL 483678, 2014 Fla. App. LEXIS 1739
District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238688
Published
50 So.3d 1227 (Fla. 4th DCA 2011) (denying a rule 3.800(a) motion raising a claim of the improper reclassification
Category: Criminal Procedure
Supreme Court of Florida | Filed: Feb 6, 2014 | Docket: 401593
Published
we decline to eliminate rule 3.170(l).
Rule 3.800 (Correction, Reduction, and Modification of Sentences)
Category: Criminal Procedure
133 So. 3d 1115, 2014 WL 464095, 2014 Fla. App. LEXIS 1448
District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238681
Published
Affirmed without prejudice to Appellant seeking Rule 3.800(a) relief to correct the written revocation order
Category: Criminal Procedure
133 So. 3d 1115, 2014 WL 464095, 2014 Fla. App. LEXIS 1448
District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238681
Published
Affirmed without prejudice to Appellant seeking Rule 3.800(a) relief to correct the written revocation order
Category: Criminal Procedure
134 So. 3d 1124, 2014 WL 464092, 2014 Fla. App. LEXIS 1451
District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60239037
Published
status may *1125be corrected at any time in a rule 3.800(a) motion. Blacker v. State, 49 So.3d 785, 787
Category: Criminal Procedure
130 So. 3d 749, 2014 WL 228727, 2014 Fla. App. LEXIS 538
District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60237871
Published
On December 10, 2012, Formolo filed a timely rule 3.800(c) motion following the entry of her pleas and
Category: Criminal Procedure
132 So. 3d 296, 2014 Fla. App. LEXIS 192, 2014 WL 51612
District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238407
Published
motion to correct an illegal sentence filed under rule 3.800(a).
Defendant was sentenced to one year of probation
Category: Criminal Procedure
128 So. 3d 930, 2013 WL 6703667, 2013 Fla. App. LEXIS 20159
District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237224
Published
time served.
In his motion filed pursuant to rule 3.800(a), Mr. Whitehead contends that he was entitled
Category: Criminal Procedure
128 So. 3d 247, 2013 WL 6481618, 2013 Fla. App. LEXIS 19633
District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237040
Published
prison on all counts.
In 2011, Josey filed a rule 3.800(a) motion challenging his twenty-year sentences
Category: Criminal Procedure
127 So. 3d 828, 2013 WL 6224029, 2013 Fla. App. LEXIS 18897
District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236871
Published
and did not challenge those sentences in his rule 3.800 motion.
“Once a sentence has been imposed and
Category: Criminal Procedure
127 So. 3d 723, 2013 WL 6152338, 2013 Fla. App. LEXIS 18641
District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236835
Published
was terminated.
Subsequently, the State filed a rule 3.800(b) motion to correct sentencing error arguing
Category: Criminal Procedure
127 So. 3d 722, 2013 WL 6152334, 2013 Fla. App. LEXIS 18639
District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236833
Published
three years in prison followed by probation. His rule 3.800(a) motion challenges only the costs imposed in
Category: Criminal Procedure
127 So. 3d 629, 2013 WL 6097223, 2013 Fla. App. LEXIS 18392
District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236788
Published
Schlabach v. State, 37 So.3d 230, 237 (Fla.2010) (“Rule 3.800(c) is a narrow rule that provides a limited opportunity
Category: Criminal Procedure
127 So. 3d 701, 2013 WL 6081763, 2013 Fla. App. LEXIS 18406
District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236817
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
127 So. 3d 684, 2013 WL 6081714, 2013 Fla. App. LEXIS 18432
District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236804
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
127 So. 3d 703, 2013 WL 6081756, 2013 Fla. App. LEXIS 18415
District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236819
Published
writ of certiorari as appeals of orders denying rule 3.800 motions, consolidate the two cases, and affirm
Category: Criminal Procedure
126 So. 3d 1242, 2013 WL 6029395, 2013 Fla. App. LEXIS 18160
District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60236277
Published
were to run concurrently. Brown then filed a rule 3.800 motion, in which he argued that the trial court
Category: Criminal Procedure
126 So. 3d 436, 2013 WL 5989240, 2013 Fla. App. LEXIS 18007
District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236444
Published
written reasons, he is not entitled to relief under rule 3.800(a), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
126 So. 3d 448, 2013 WL 5988975, 2013 Fla. App. LEXIS 18023
District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236455
Published
as appellant’s prior motions were filed under rule 3.800(a) and argued that he received an illegal sentence
Category: Criminal Procedure
128 So. 3d 158, 2013 WL 5951861, 2013 Fla. App. LEXIS 17856
District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236997
Published
scrivener’s error in the written document. See Fla. R.Crim. P. 3.800 court cmt. (defining a scrivener’s error
Category: Criminal Procedure
124 So. 3d 425, 2013 WL 5779565, 2013 Fla. App. LEXIS 17058
District Court of Appeal of Florida | Filed: Oct 25, 2013 | Docket: 60235493
Published
the motion for modification of sentence under rule 3.800(c), Florida Rules of Criminal Procedure is QUASHED
Category: Criminal Procedure
128 So. 3d 131, 2013 WL 5729708, 2013 Fla. App. LEXIS 16782
District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236982
Published
CURIAM.
Phillip J. Shea appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. We
Category: Criminal Procedure
123 So. 3d 669, 2013 WL 5658240, 2013 Fla. App. LEXIS 16596
District Court of Appeal of Florida | Filed: Oct 18, 2013 | Docket: 60235155
Published
jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson’s
Category: Criminal Procedure
123 So. 3d 669, 2013 WL 5658240, 2013 Fla. App. LEXIS 16596
District Court of Appeal of Florida | Filed: Oct 18, 2013 | Docket: 60235155
Published
jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson’s
Category: Criminal Procedure
122 So. 3d 1002, 2013 WL 5630030, 2013 Fla. App. LEXIS 16494
District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234534
Published
ended and the motion was deemed denied. See Fla. R. Crim. P. 3.800(b)(2); Hart v. State, 773 So.2d 1263, 1264
Category: Criminal Procedure
123 So. 3d 661, 2013 Fla. App. LEXIS 16400, 2013 WL 5628672
District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235148
Published
CURIAM.
We reverse the denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. The sentencing
Category: Criminal Procedure
123 So. 3d 112, 2013 WL 5574997, 2013 Fla. App. LEXIS 16019
District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234857
Published
the motion for modification of sentence under rule 3.800(c), Florida Rules of Criminal Procedure is QUASHED
Category: Criminal Procedure
125 So. 3d 303, 2013 WL 5493484, 2013 Fla. App. LEXIS 15624
District Court of Appeal of Florida | Filed: Oct 4, 2013 | Docket: 60235828
Published
briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental
Category: Criminal Procedure
122 So. 3d 933, 2013 WL 5476581, 2013 Fla. App. LEXIS 15547
District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234814
Published
therefore divested of jurisdiction to consider the rule 3.800(a) motion at this point. See Campbell-Eley v
Category: Criminal Procedure
201 So. 3d 14, 2013 WL 5474316, 2013 Fla. App. LEXIS 15538
District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60256965
Published
record. On appeal from a summary denial of a Rule 3.800 motion, this court must reverse unless the record
Category: Criminal Procedure
160 So. 3d 908, 2013 WL 5387224, 2013 Fla. App. LEXIS 15336
District Court of Appeal of Florida | Filed: Sep 27, 2013 | Docket: 60246936
Published
spent in county jail awaiting sentencing.
In his rule 3.800(a) motion, Walker alleged that he was entitled
Category: Criminal Procedure
121 So. 3d 662, 2013 Fla. App. LEXIS 15064, 2013 WL 5299553
District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234484
Published
*663amount of prison credit-can be raised in a rule 3.800(a) motion. E.g., Criswell v. State, 942 So.2d
Category: Criminal Procedure
136 So. 3d 615, 2013 WL 5226578, 2013 Fla. App. LEXIS 14836
District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60240040
Published
consideration of Ms. Bailey’s motion on its merits.
Rule 3.800(c) provides that “[a] court may reduce or modify
Category: Criminal Procedure
120 So. 3d 634, 2013 WL 4734049
District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234172
Published
found in rule 3.800(c) to erroneously conclude that it lacked jurisdiction to address his rule 3.800(a) motion
Category: Criminal Procedure
121 So. 3d 1124, 2013 WL 4482991, 2013 Fla. App. LEXIS 13475
District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60234326
Published
[“Hardy”], appeals the summary denial of his rule 3.800 motion to correct an illegal sentence. It appears
Category: Criminal Procedure
121 So. 3d 619, 2013 WL 4436541, 2013 Fla. App. LEXIS 13048
District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60234464
Published
trial court’s summary denial of respondent’s Rule 3.800 motion to correct illegal sentence and deni*621al
Category: Criminal Procedure
120 So. 3d 156, 2013 WL 4436559, 2013 Fla. App. LEXIS 13044
District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233928
Published
Wilbert Johnson, Jr., appeals the denial of a rule 3.800(a) motion which sought additional credit for
Category: Criminal Procedure
120 So. 3d 113, 2013 WL 4081006, 2013 Fla. App. LEXIS 12645
District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233885
Published
affirm the trial court’s denial of appellant’s Rule 3.800(a) motion which attempted to challenge his 1986
Category: Criminal Procedure
119 So. 3d 512, 2013 WL 4080767, 2013 Fla. App. LEXIS 12597
District Court of Appeal of Florida | Filed: Aug 13, 2013 | Docket: 60233627
Published
motions for relief filed on the authority of rule 3.800 and 3.850, Florida Rules of Criminal Procedure
Category: Criminal Procedure
119 So. 3d 513, 2013 WL 4080768, 2013 Fla. App. LEXIS 12591
District Court of Appeal of Florida | Filed: Aug 13, 2013 | Docket: 60233628
Published
is GRANTED, the order dismissing petitioner’s rule 3.800(c) motion is QUASHED, and the matter REMANDED
Category: Criminal Procedure
121 So. 3d 1081, 2013 WL 3929053, 2013 Fla. App. LEXIS 12050
District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60234309
Published
Ct. 426, 66 L.Ed.2d 328 (1980); see also Fla. R.Crim. P. 3.800(c); State v. Stewart, 98 So.3d 656 (Fla
Category: Criminal Procedure
118 So. 3d 281, 2013 Fla. App. LEXIS 11731, 2013 WL 3834049
District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60233160
Published
Appellant appeals the order summarily denying his rule 3.800(a) motion to correct illegal sentence filed March
Category: Criminal Procedure
120 So. 3d 64, 2013 WL 3811477, 2013 Fla. App. LEXIS 11608
District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234174
Published
is not required to attach records to refute a Rule 3.800(a) jail credit claim. The above cases requiring
Category: Criminal Procedure
125 So. 3d 1027, 2013 Fla. App. LEXIS 11365, 2013 WL 3761531
District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60235636
Published
of jurisdiction. We reverse.
Appellant’s first rule 3.800(a) motion challenged the accuracy of his sentencing
Category: Criminal Procedure
117 So. 3d 881, 2013 Fla. App. LEXIS 11226, 2013 WL 3717371
District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232834
Published
CURIAM.
Nakia Simeton appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. Simeton
Category: Criminal Procedure
117 So. 3d 472, 2013 WL 3724774, 2013 Fla. App. LEXIS 11298
District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232684
Published
concurrently.
*474Perkins consequently filed the current rule 3.800(a) motion, again seeking conformance of his written
Category: Criminal Procedure
117 So. 3d 474, 2013 WL 3724775, 2013 Fla. App. LEXIS 11300
District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232685
Published
days’ jail credit in case number 09-2896. In his rule 3.800(a) motion, Duffy argued that because he violated
Category: Criminal Procedure
116 So. 3d 1280, 2013 WL 3480728, 2013 Fla. App. LEXIS 11078
District Court of Appeal of Florida | Filed: Jul 12, 2013 | Docket: 60232310
Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
116 So. 3d 646, 2013 WL 3455739, 2013 Fla. App. LEXIS 10975
District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232436
Published
the State’s position, and denying defendant’s Rule 3.800 motion. Here, the defendant argues the trial
Category: Criminal Procedure
116 So. 3d 1278, 2013 WL 3441577, 2013 Fla. App. LEXIS 10930
District Court of Appeal of Florida | Filed: Jul 9, 2013 | Docket: 60232306
Published
days of imposition of the sentence. However, rule 3.800(c) allows for motions filed pursuant to that
Category: Criminal Procedure
117 So. 3d 84, 2013 WL 3357514, 2013 Fla. App. LEXIS 10758
District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60232806
Published
the trial court’s order denying Petitioner’s rule 3.800(a) motion on January 15, 2013, in Case No.2011-03421-CFAWS
Category: Criminal Procedure
116 So. 3d 614, 2013 Fla. App. LEXIS 10303, 2013 WL 3235421
District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60232414
Published
from the October 1, 2012 order denying Joiner’s rule 3.800(a) motion, in case no. CF94-340, in the Circuit
Category: Criminal Procedure
125 So. 3d 979, 2013 WL 3014151, 2013 Fla. App. LEXIS 9596
District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60236146
Published
defendant’s convictions cannot be argued in a rule 3.800(a) motion, as the challenge relates to the convictions
Category: Criminal Procedure
114 So. 3d 1108, 2013 WL 2661710, 2013 Fla. App. LEXIS 9428
District Court of Appeal of Florida | Filed: Jun 14, 2013 | Docket: 60231757
Published
scoresheet error is presented [by motion under rule 3.800(b) ], any error is harmless if the record conclusively
Category: Criminal Procedure
114 So. 3d 455, 2013 WL 2420428, 2013 Fla. App. LEXIS 8883
District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231937
Published
with either a contemporaneous objection or a rule 3.800 motion).
Based on the foregoing, we affirm the
Category: Criminal Procedure
113 So. 3d 1058, 2013 WL 2421069, 2013 Fla. App. LEXIS 8934
District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231406
Published
an order denying his motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, in which
Category: Criminal Procedure
114 So. 3d 422, 2013 WL 2359076
District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231921
Published
order entered by the trial court denying his rule 3.800(a) motion *423claiming additional jail credit
Category: Criminal Procedure
115 So. 3d 1028, 2013 WL 2319590, 2013 Fla. App. LEXIS 8464
District Court of Appeal of Florida | Filed: May 29, 2013 | Docket: 60232053
Published
1163 (Fla. 2d DCA 2001) (affirming denial of rule 3.800(a) motion to correct illegal sentence and noting
Category: Criminal Procedure
113 So. 3d 162, 2013 WL 2278035, 2013 Fla. App. LEXIS 8356
District Court of Appeal of Florida | Filed: May 24, 2013 | Docket: 60231460
Published
ll-CF-17601, for July 14-16, 2011.
Nieves filed a rule 3.800(a) motion requesting 103 days of credit.2 The
Category: Criminal Procedure
114 So. 3d 349, 2013 WL 1979605, 2013 Fla. App. LEXIS 7831
District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231863
Published
Procedure 3.800(c). Because an order denying a Rule 3.800(c) motion is not an appealable order, we dismiss
Category: Criminal Procedure
126 So. 3d 363, 2013 WL 1980078, 2013 Fla. App. LEXIS 7811
District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60236422
Published
prejudice to the appellant Ronnie Rodriguez filing a rule 3.800(a) motion to correct sentence with the trial
Category: Criminal Procedure
112 So. 3d 126, 2013 WL 1844232, 2013 Fla. App. LEXIS 7158
District Court of Appeal of Florida | Filed: May 3, 2013 | Docket: 60230996
Published
CURIAM.
Appellant challenges the denial of his rule 3.800(a) motion to correct sentence. We affirm in all
Category: Criminal Procedure
112 So. 3d 604, 2013 WL 1748485, 2013 Fla. App. LEXIS 6560
District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231180
Published
motion to correct illegal sentence under Fla. R.Crim. P. 3.800(a) in Palm Beach case no. 08-9714CFA02 seeking
Category: Criminal Procedure
125 So. 3d 914, 2013 WL 1748605, 2013 Fla. App. LEXIS 6548
District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236114
Published
indicate that the appeal is of an order denying a Rule 3.800 motion, instead of a Rule 3.850.
Affirmed.
Category: Criminal Procedure
112 So. 3d 1234, 38 Fla. L. Weekly Supp. 247, 2013 WL 1666737, 2013 Fla. LEXIS 710
Supreme Court of Florida | Filed: Apr 18, 2013 | Docket: 60230994
Published
mentioned in rule 3.800(a) as an error that could be corrected at any time. Fla. R.Crim. P. 3.800(a). As this
Category: Criminal Procedure
111 So. 3d 267, 2013 WL 1590256, 2013 Fla. App. LEXIS 5973
District Court of Appeal of Florida | Filed: Apr 16, 2013 | Docket: 60230794
Published
fines imposed on appellant when it granted his rule 3.800(b)(2) motion. Sanders v. State, 101 So.3d 373
Category: Criminal Procedure
111 So. 3d 248, 2013 WL 1482754, 2013 Fla. App. LEXIS 5789
District Court of Appeal of Florida | Filed: Apr 11, 2013 | Docket: 60230785
Published
PER CURIAM.
The appellant filed the instant rule 3.800(a) motion arguing that the trial court erred
Category: Criminal Procedure
112 So. 3d 570, 2013 WL 1439831, 2013 Fla. App. LEXIS 5722
District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231162
Published
PER CURIAM.
Appellant appeals the denial of his Rule 3.800(a) motion to correct illegal sentence in which
Category: Criminal Procedure
110 So. 3d 531, 2013 WL 1339234, 2013 Fla. App. LEXIS 5475
District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60230345
Published
may treat the claim as if raised pursuant to rule 3.800 when it is in the interest of justice to do so
Category: Criminal Procedure
110 So. 3d 531, 2013 WL 1339234, 2013 Fla. App. LEXIS 5475
District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60230345
Published
may treat the claim as if raised pursuant to rule 3.800 when it is in the interest of justice to do so
Category: Criminal Procedure
109 So. 3d 1261, 2013 WL 1316751, 2013 Fla. App. LEXIS 5449
District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229485
Published
by the postconviction court as if filed under rule 3.800(a), because the records of previous convictions
Category: Criminal Procedure
114 So. 3d 264, 2013 WL 1316030, 2013 Fla. App. LEXIS 5355
District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60231825
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
110 So. 3d 503, 2013 WL 1222753, 2013 Fla. App. LEXIS 4900
District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60230326
Published
its place. The trial court denied appellant’s Rule 3.800(a) motion for additional jail credit by attaching
Category: Criminal Procedure
110 So. 3d 492, 2013 WL 1136262, 2013 Fla. App. LEXIS 4424
District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230321
Published
credit for time served are not cognizable in rule 3.800(a) motions because they present factual questions
Category: Criminal Procedure
109 So. 3d 1174, 2013 Fla. App. LEXIS 4440, 2013 WL 1136314
District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60229449
Published
PER CURIAM.
Alain Cupas appeals the denial of a rule 3.800(a) motion, which we have treated as a rule 3
Category: Criminal Procedure
111 So. 3d 203, 2013 WL 1136215, 2013 Fla. App. LEXIS 4429
District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230770
Published
his filing a facially sufficient motion under rule 3.800(a), or rule 3.850, to the extent that his claim
Category: Criminal Procedure
111 So. 3d 915, 2013 Fla. App. LEXIS 3659, 2013 WL 845590
District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60230906
Published
this statute to be addressed by a motion under rule 3.800(c). That rule provides for discretionary relief
Category: Criminal Procedure
108 So. 3d 703, 2013 WL 757623, 2013 Fla. App. LEXIS 3292
District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229207
Published
entered by the trial court upon review of his rule 3.800(a) post-conviction motion.1 We affirm.
The defendant
Category: Criminal Procedure
113 So. 3d 974, 2013 WL 765045, 2013 Fla. App. LEXIS 3323
District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60231674
Published
dismissed the claim as facially insufficient under rule 3.800(a) because Williams failed to assert that it
Category: Criminal Procedure
125 So. 3d 230, 2013 WL 611332, 2013 Fla. App. LEXIS 2797
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60235796
Published
Juan Alberto Rocha appeals the denial of his Rule 3.800 motion and motion for rehearing, which sought
Category: Criminal Procedure
125 So. 3d 234, 2013 WL 613754, 2013 Fla. App. LEXIS 2785
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60235801
Published
Affirmed, without prejudice to Appellant filing a rule 3.800(a) motion to challenge any concurrent habitual
Category: Criminal Procedure
125 So. 3d 229, 2013 WL 611264, 2013 Fla. App. LEXIS 2789
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60235795
Published
PER CURIAM.
We affirm the denial of appellant’s rule 3.800(a) motion to correct an illegal sentence. Appellant
Category: Criminal Procedure
107 So. 3d 1185, 2013 WL 614809, 2013 Fla. App. LEXIS 2598
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228584
Published
credit, the second judgment and sentence, and the rule 3.800(b) motion filed by the state, to hold an evidentiary
Category: Criminal Procedure
106 So. 3d 530, 2013 Fla. App. LEXIS 2251, 2013 WL 514095
District Court of Appeal of Florida | Filed: Feb 13, 2013 | Docket: 60228271
Published
review the issue through this appeal. See Fla. R. Crim. P. 3.800(b)(1)(B). We review the legality of appellant’s
Category: Criminal Procedure
106 So. 3d 504, 2013 Fla. App. LEXIS 1659, 2013 WL 331553
District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228228
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claimed
Category: Criminal Procedure
106 So. 3d 504, 2013 Fla. App. LEXIS 1659, 2013 WL 331553
District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228228
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claimed
Category: Criminal Procedure
106 So. 3d 32, 2013 WL 335961, 2013 Fla. App. LEXIS 1382
District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228180
Published
discretion of the trial court. Orders denying rule 3.800(c) motions are not ap-pealable because the decision
Category: Criminal Procedure
111 So. 3d 185, 2013 Fla. App. LEXIS 933, 2013 WL 238174
District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60230736
Published
pursuant to rule 3.850, or a facially sufficient rule 3.800 motion in which he can show that his detention
Category: Criminal Procedure
106 So. 3d 25, 2013 WL 238233, 2013 Fla. App. LEXIS 939
District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228158
Published
sentence for purposes of a motion filed pursuant to rule 3.800(a). In reviewing the record, it is clear that
Category: Criminal Procedure
106 So. 3d 25, 2013 WL 238233, 2013 Fla. App. LEXIS 939
District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228158
Published
sentence for purposes of a motion filed pursuant to rule 3.800(a). In reviewing the record, it is clear that
Category: Criminal Procedure
106 So. 3d 18, 2013 Fla. App. LEXIS 756, 2013 WL 195412
District Court of Appeal of Florida | Filed: Jan 18, 2013 | Docket: 60228147
Published
briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental
Category: Criminal Procedure
106 So. 3d 6, 2012 WL 6741082
District Court of Appeal of Florida | Filed: Jan 2, 2013 | Docket: 60228417
Published
reverse and remand for further proceedings.
In his Rule 3.800 motion, Foster alleged that he was incarcerated
Category: Criminal Procedure
103 So. 3d 1040, 2012 Fla. App. LEXIS 22153, 2012 WL 6719454
District Court of Appeal of Florida | Filed: Dec 28, 2012 | Docket: 60226860
Published
subsequent rule 3.800(a) motion. See State v. McBride, 848 So.2d 287 (Fla.2003) (holding that rule 3.800(a) motions
Category: Criminal Procedure
104 So. 3d 1238, 2012 WL 6629614, 2012 Fla. App. LEXIS 21961
District Court of Appeal of Florida | Filed: Dec 21, 2012 | Docket: 60227377
Published
precludes a defendant from rearguing in a successive rule 3.800 motion the same issue argued in a prior motion
Category: Criminal Procedure
103 So. 3d 252, 2012 Fla. App. LEXIS 21785, 2012 WL 6600347
District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227050
Published
appellant’s motion to correct illegal sentence. Fla. R.Crim. P. 3.800(a). As a consequence, this court is without
Category: Criminal Procedure
127 So. 3d 588, 2012 WL 6163188, 2012 Fla. App. LEXIS 21400
District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60236767
Published
correct illegal sentence filed pursuant to Fla. R.Crim. P. 3.800(a) was proper. Black v. State, 52 So.3d
Category: Criminal Procedure
105 So. 3d 554, 2012 Fla. App. LEXIS 20875, 2012 WL 6031298
District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60227866
Published
correctly found that Appellant’s motion under rule 3.800, Florida Rules of Criminal Procedure, was not
Category: Criminal Procedure
104 So. 3d 1127, 2012 WL 5907065, 2012 Fla. App. LEXIS 20246
District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60227297
Published
appealed the trial court’s order striking his rule 3.800(a) motion challenging his designation as a habitual
Category: Criminal Procedure
101 So. 3d 911, 2012 Fla. App. LEXIS 20195, 2012 WL 5870052
District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60226465
Published
Appellant raising his claims in a facially sufficient rule 3.800(a) motion to correct illegal sentence. Any such
Category: Criminal Procedure
100 So. 3d 1272, 2012 Fla. App. LEXIS 20204, 2012 WL 5869985
District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60225618
Published
CURIAM.
The defendant appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He
Category: Criminal Procedure
101 So. 3d 911, 2012 Fla. App. LEXIS 20198, 2012 WL 5870045
District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60226464
Published
Defendant appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
105 So. 3d 550, 2012 WL 5620784, 2012 Fla. App. LEXIS 19840
District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60227863
Published
denying Walker’s rule 3.800(a) motion without prejudice to Walker filing a rule 3.800(a) motion that affirmatively
Category: Criminal Procedure
100 So. 3d 1252, 2012 Fla. App. LEXIS 19846, 2012 WL 5621241
District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60225608
Published
Florida Statutes (1987).1 In 2011, he filed a rule 3.800 motion to correct illegal sentence, contending
Category: Criminal Procedure
100 So. 3d 1245, 2012 Fla. App. LEXIS 19732, 2012 WL 5500241
District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60225598
Published
CURIAM.
Enoch Wilson appeals the denial of a rule 3.800(a) motion. His motion challenged the evidence
Category: Criminal Procedure
100 So. 3d 768, 2012 Fla. App. LEXIS 19544, 2012 WL 5457203
District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225953
Published
“Motion to Accredit Jail Time,” filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
104 So. 3d 304, 37 Fla. L. Weekly Supp. 678, 2012 Fla. LEXIS 2667, 2012 WL 5439265
Supreme Court of Florida | Filed: Nov 8, 2012 | Docket: 60227454
Published
trial judge to orally respond to the question.
Rule 3.800(a) (Correction, Reduction, and Modification of
Category: Criminal Procedure
100 So. 3d 242, 2012 Fla. App. LEXIS 19088, 2012 WL 5364684
District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60225731
Published
vindictive sentencing is not renewable under rule 3.800. He asks that we send the motion back for amendment
Category: Criminal Procedure
99 So. 3d 999, 2012 Fla. App. LEXIS 18803, 2012 WL 5350156
District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60313341
Published
(Fla. 2d DCA 2003) (remanding the denial of a rule 3.800(a) motion for the trial court to check the prison
Category: Criminal Procedure
100 So. 3d 204, 2012 Fla. App. LEXIS 18764, 2012 WL 5275479
District Court of Appeal of Florida | Filed: Oct 26, 2012 | Docket: 60225699
Published
prejudiced him, in view of the court’s prior rule 3.800(a) ruling, and (2) Jackson’s second claim — that
Category: Criminal Procedure
98 So. 3d 1274, 2012 WL 5076177, 2012 Fla. App. LEXIS 18161
District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60312178
Published
to treat the motion as having been filed under rule 3.800(a), and *1275to correct the judgment to reflect
Category: Criminal Procedure
98 So. 3d 1271, 2012 Fla. App. LEXIS 18146, 2012 WL 5076166
District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60312172
Published
(Fla. 2d DCA 2003) (remanding the denial of a rule 3.800(a) motion for the trial court to check the prison
Category: Criminal Procedure
126 So. 3d 1204, 2012 Fla. App. LEXIS 18072, 2012 WL 4897867
District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60236243
Published
not claims of illegal sentence cognizable in a rule 3.800 or rule 3.850 motion. See Austin v. State, 874
Category: Criminal Procedure
98 So. 3d 1264, 2012 WL 4897137, 2012 Fla. App. LEXIS 17934
District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312166
Published
the claims raised therein are not proper under Rule 3.800. We affirm the denial of his motion without prejudice
Category: Criminal Procedure
100 So. 3d 169, 2012 WL 4897431, 2012 Fla. App. LEXIS 17963
District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60225658
Published
felonies do not exist may be corrected pursuant to rule 3.800(a) so long as the error is apparent from the
Category: Criminal Procedure
98 So. 3d 782, 2012 Fla. App. LEXIS 18096, 2012 WL 4897819
District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312577
Published
trial court’s order summarily denying appellant’s Rule 3.800(a) motion seeking additional jail credit. The
Category: Criminal Procedure
114 So. 3d 205, 2012 Fla. App. LEXIS 17763, 2012 WL 4839001
District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60231796
Published
to correct illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. Walters
Category: Criminal Procedure
114 So. 3d 207, 2012 WL 4838982, 2012 Fla. App. LEXIS 17760
District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60231798
Published
presented by contemporaneous objection or through a rule 3.800 motion). Our affirmance is without prejudice
Category: Criminal Procedure
98 So. 3d 655, 2012 WL 4220310, 2012 Fla. App. LEXIS 15863
District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312505
Published
filed a motion to modify sentence pursuant to rule 3.800(c) on April 1, 2011, and an amended motion to
Category: Criminal Procedure
98 So. 3d 192, 2012 WL 4220061, 2012 Fla. App. LEXIS 15807
District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312202
Published
error; and it is thus deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B).
As properly conceded by the State
Category: Criminal Procedure
97 So. 3d 978, 2012 WL 4226122, 2012 Fla. App. LEXIS 15888
District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312075
Published
(court cannot treat motion filed pursuant to rule 3.800(a) as a 3.850 motion, even though it was timely
Category: Criminal Procedure
97 So. 3d 960, 2012 WL 4093779, 2012 Fla. App. LEXIS 15725
District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312034
Published
defendant) appeals an order summarily denying his Rule 3.800(a) motion. We affirm the trial court’s well-reasoned
Category: Criminal Procedure
97 So. 3d 960, 2012 WL 4093779, 2012 Fla. App. LEXIS 15725
District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312034
Published
defendant) appeals an order summarily denying his Rule 3.800(a) motion. We affirm the trial court’s well-reasoned
Category: Criminal Procedure
97 So. 3d 325, 2012 Fla. App. LEXIS 15448, 2012 WL 4033688
District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311770
Published
trial court, in the event that his earlier 2011 rule 3.800(a) motion was also found to be facially insufficient
Category: Criminal Procedure
97 So. 3d 323, 2012 WL 4033683, 2012 Fla. App. LEXIS 15446
District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311768
Published
after filing his most recent appeal regarding a rule 3.800(a) Motion for Additional Jail Time Credit, Aumiller
Category: Criminal Procedure
126 So. 3d 1179, 2012 WL 3964541, 2012 Fla. App. LEXIS 15314
District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60236216
Published
available; and 2) Judge Weinstein failed to grant his Rule 3.800(b) motion for resen-tencing after a corrected
Category: Criminal Procedure
96 So. 3d 1096, 2012 WL 3822919, 2012 Fla. App. LEXIS 14844
District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311425
Published
the hearing.
During the time permitted for a Rule 3.800(b)(2) motion, the court had jurisdiction to grant
Category: Criminal Procedure
96 So. 3d 1097, 2012 WL 3824049, 2012 Fla. App. LEXIS 14848
District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311426
Published
we reverse the order denying the defendant’s Rule 3.800(a) motion and remand the case to the trial court
Category: Criminal Procedure
96 So. 3d 1097, 2012 WL 3824049, 2012 Fla. App. LEXIS 14848
District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311426
Published
we reverse the order denying the defendant’s Rule 3.800(a) motion and remand the case to the trial court
Category: Criminal Procedure
134 So. 3d 1009, 2012 WL 3764495, 2012 Fla. App. LEXIS 14644
District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60238989
Published
days. Thus, the motion was deemed denied. Fla. R.Crim. P. 3.800(b)(2). Though the trial court belatedly
Category: Criminal Procedure
96 So. 3d 1047, 2012 WL 3711490, 2012 Fla. App. LEXIS 14499
District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60311393
Published
CURIAM.
We affirm the denial of the defendant’s Rule 3.800(a) motion to correct illegal sentence. His claim
Category: Criminal Procedure
99 So. 3d 557, 2012 WL 3705092, 2012 Fla. App. LEXIS 14346
District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60313090
Published
PER CURIAM.
Among other things, the appellant’s Rule 3.800(a) motion complains that his 1996 sentencing
Category: Criminal Procedure
95 So. 3d 1030, 2012 WL 3629276, 2012 Fla. App. LEXIS 14109
District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311058
Published
support his claim, it is not cognizable under rule 3.800(a). However, Senter’s motion was properly sworn
Category: Criminal Procedure
95 So. 3d 465, 2012 WL 3608758, 2012 Fla. App. LEXIS 14048
District Court of Appeal of Florida | Filed: Aug 23, 2012 | Docket: 60311268
Published
does not indicate whether Appellant’s current Rule 3.800(a) motion raises claims identical to those previously
Category: Criminal Procedure
96 So. 3d 1041, 2012 Fla. App. LEXIS 13905, 2012 WL 3587302
District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311388
Published
(Fla. 1st DCA 2004) (“[A] facially sufficient rule 3.800 motion to correct an illegal sentence must allege
Category: Criminal Procedure
93 So. 3d 1184, 2012 WL 3193935, 2012 Fla. App. LEXIS 13158
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310488
Published
of the filing date, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); Long v. State, 886 So.2d 280,
Category: Criminal Procedure
126 So. 3d 1170, 2012 Fla. App. LEXIS 13196, 2012 WL 3192792
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60236209
Published
PER CURIAM.
We affirm the denial of appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant
Category: Criminal Procedure
95 So. 3d 412, 2012 WL 3192734, 2012 Fla. App. LEXIS 13191
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311215
Published
We affirm the summary denial of appellant’s rule 3.800(a) motion to correct illegal sentence, in which
Category: Criminal Procedure
95 So. 3d 413, 2012 Fla. App. LEXIS 13195, 2012 WL 3192756
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311217
Published
sentencing issues raised and rejected in his rule 3.800(a) motion, the denial of which we now affirm
Category: Criminal Procedure
93 So. 3d 1181, 2012 WL 3139590, 2012 Fla. App. LEXIS 12635
District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310482
Published
the appellant set out a facially sufficient rule 3.800(a) motion, with exhibits reflecting additional
Category: Criminal Procedure
95 So. 3d 385, 2012 WL 3101322, 2012 Fla. App. LEXIS 12387
District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311198
Published
affirm the trial court’s denial of Middleton’s Rule 3.800 motion. We further direct the Clerk of the Third
Category: Criminal Procedure
96 So. 3d 969, 2012 Fla. App. LEXIS 12525, 2012 WL 3101734
District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311608
Published
affirm the trial court’s denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. In 1996
Category: Criminal Procedure
93 So. 3d 1102, 2012 Fla. App. LEXIS 11661, 2012 WL 2919105
District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310436
Published
subject to any correction at this time under rule 3.800(a).
Affirmed.
CASANUEVA and VILLANTI, JJ., Concur
Category: Criminal Procedure
93 So. 3d 425, 2012 WL 2813995, 2012 Fla. App. LEXIS 11233
District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310583
Published
alleged he was again classified as an HFO.
In his rule 3.800(a) motion, Tyson claims that he lacks the requisite
Category: Criminal Procedure
95 So. 3d 294, 2012 WL 2579522, 2012 Fla. App. LEXIS 10715
District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60311172
Published
to those raised and argued in his March 2006, Rule 3.800 petition. The issues raised have been considered
Category: Criminal Procedure
93 So. 3d 395, 2012 WL 2470128, 2012 Fla. App. LEXIS 10583
District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310568
Published
Thus, it appears from our record that Jackson’s rule 3.800(a) motion has never been ruled on and remains
Category: Criminal Procedure
93 So. 3d 407, 2012 WL 2476389, 2012 Fla. App. LEXIS 10588
District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310574
Published
third-degree felony.
Beich’s claim is cognizable in a rule 3.800(a) motion, and “[ujpon violating the probationary
Category: Criminal Procedure
93 So. 3d 387, 2012 WL 2427796, 2012 Fla. App. LEXIS 10471
District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310565
Published
PER CURIAM.
The appellant filed a rule 3.800(a) motion raising two claims. We affirm the first claim
Category: Criminal Procedure
93 So. 3d 381, 2012 WL 2401787, 2012 Fla. App. LEXIS 10460
District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310562
Published
082(10) by doing so in response to Goldberg’s rule 3.800(b)(2) motion. However, it failed to do so. On
Category: Criminal Procedure
90 So. 3d 948, 2012 WL 2359867, 2012 Fla. App. LEXIS 10099
District Court of Appeal of Florida | Filed: Jun 22, 2012 | Docket: 60309718
Published
which the trial court appropriately treated as a rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
89 So. 3d 1123, 2012 WL 2160936, 2012 Fla. App. LEXIS 9722
District Court of Appeal of Florida | Filed: Jun 15, 2012 | Docket: 60308564
Published
refile his claim pursuant to the requirements of rule 3.800(a). In addition, we reverse the court’s finding
Category: Criminal Procedure
90 So. 3d 893, 2012 WL 2120832, 2012 Fla. App. LEXIS 9587
District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309683
Published
for correction of illegal sentence pursuant to rule 3.800(a). We affirm without prejudice to his raising
Category: Criminal Procedure
89 So. 3d 1092, 2012 WL 2120867, 2012 Fla. App. LEXIS 9479
District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308543
Published
actual issue raised in King’s October 6, 2011, Rule 3.800 motion and response by the State dated November
Category: Criminal Procedure
89 So. 3d 1070, 2012 WL 2010271, 2012 Fla. App. LEXIS 8910
District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308515
Published
provision. His claims are not properly brought under Rule 3.800(a), see Johnson v. State, 60 So.3d 1045 (Fla
Category: Criminal Procedure
88 So. 3d 1031, 2012 WL 1889778, 2012 Fla. App. LEXIS 8345
District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60308111
Published
850 claims, and we dismiss the appeal of his rule 3.800(c) claim. See Pillajo v. State, 60 So.3d 565
Category: Criminal Procedure
135 So. 3d 300, 2012 WL 1631776, 2012 Fla. App. LEXIS 7359, 37 Fla. L. Weekly Fed. D 1140
District Court of Appeal of Florida | Filed: May 10, 2012 | Docket: 60239538
Published
2011) (granting petition for belated appeal of rule 3.800(a) motion where order denying relief did not
Category: Criminal Procedure
89 So. 3d 979, 2012 WL 1596888, 2012 Fla. App. LEXIS 7190
District Court of Appeal of Florida | Filed: May 8, 2012 | Docket: 60308867
Published
1996), this court reversed the denial of Cooper’s rule 3.800 motion raising a Hale claim and remanded for
Category: Criminal Procedure
88 So. 3d 297, 2012 WL 1392662, 2012 Fla. App. LEXIS 6309
District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60308224
Published
Appellant’s motions to correct illegal sentence under rule 3.800, each challenging the upward departure sentence
Category: Criminal Procedure
91 So. 3d 159, 2012 WL 1365390, 2012 Fla. App. LEXIS 6202
District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60309820
Published
[“Stokes”], appeals the summary denial of his rule 3.800(a) motion. The trial court denied the motion
Category: Criminal Procedure
87 So. 3d 68, 2012 WL 1314221, 2012 Fla. App. LEXIS 5960
District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308031
Published
Procedure 3.800(c). Because an order denying a Rule 3.800(c) motion is not an appeal-able order, we dismiss
Category: Criminal Procedure
86 So. 3d 537, 2012 Fla. App. LEXIS 5630, 2012 WL 1232011
District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 60307703
Published
Blackshear’s ability to pursue this claim under rule 3.800(a) is whether he was a prisoner of the State
Category: Criminal Procedure
87 So. 3d 44, 2012 Fla. App. LEXIS 5563, 2012 WL 1192121
District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60307994
Published
PER CURIAM.
We affirm the denial of appellant’s rule 3.800(a) motion which sought additional jail credit
Category: Criminal Procedure
84 So. 3d 1198, 2012 WL 1108439, 2012 Fla. App. LEXIS 5108
District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 2548474
Published
time served prior to his sentencing. See Fla. R.Crim. P. 3.800(a). Although the trial court's form order
Category: Criminal Procedure
84 So. 3d 1196, 2012 WL 1108410, 2012 Fla. App. LEXIS 5182
District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 2414454
Published
motion within the required sixty days. See Fla. R.Crim. P. 3.800(b)(1)(B) & (b)(2)(B) (2010). Therefore,
Category: Criminal Procedure
83 So. 3d 981, 2012 WL 966855, 2012 Fla. App. LEXIS 4587
District Court of Appeal of Florida | Filed: Mar 23, 2012 | Docket: 60306560
Published
Washington, appeals the order summarily denying his rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
83 So. 3d 981, 2012 WL 966855, 2012 Fla. App. LEXIS 4587
District Court of Appeal of Florida | Filed: Mar 23, 2012 | Docket: 60306560
Published
Washington, appeals the order summarily denying his rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
83 So. 3d 981, 2012 WL 966855
District Court of Appeal of Florida | Filed: Mar 23, 2012 | Docket: 130582
Published
Washington, appeals the order summarily denying his rule 3.800(a) motion to correct illegal sentence. We reverse
Category: Criminal Procedure
147 So. 3d 1, 2012 Fla. App. LEXIS 4482, 2012 WL 955508
District Court of Appeal of Florida | Filed: Mar 22, 2012 | Docket: 60243049
Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Appellant
Category: Criminal Procedure
83 So. 3d 974, 2012 WL 934123, 2012 Fla. App. LEXIS 4445
District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2413730
Published
appeal had divested it of jurisdiction. See Fla. R.Crim. P. 3.800(a); Fla. R.App. P. 9.600(b); Liranzo-Cruzata
Category: Criminal Procedure
86 So. 3d 524, 2012 Fla. App. LEXIS 4224, 2012 WL 880652
District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60307695
Published
increase in jail credit by filing a motion under rule 3.800(a). See Dolinger v. State, 779 So.2d 419, 421
Category: Criminal Procedure
82 So. 3d 1185, 2012 WL 874334, 2012 Fla. App. LEXIS 4219
District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 2555749
Published
erred by entertaining and ruling on the State's rule 3.800(a) motion to correct illegal sentences imposed
Category: Criminal Procedure
80 So. 3d 1109, 2012 WL 591508, 2012 Fla. App. LEXIS 2896
District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 2571357
Published
timely post-sentencing proceeding pursuant to rule 3.800); see also Williams v. State, 56 So.3d 899 (Fla
Category: Criminal Procedure
79 So. 3d 923, 2012 WL 513018, 2012 Fla. App. LEXIS 2460
District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2412136
Published
Compton filed the current motion pursuant to rule 3.800(a).
In her motion, Compton claims that she was
Category: Criminal Procedure
79 So. 3d 889, 2012 WL 511446, 2012 Fla. App. LEXIS 2446
District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 423448
Published
timely post-sentencing proceeding pursuant to rule 3.800); see also Williams v. State, 56 So.3d 899 (Fla
Category: Criminal Procedure
79 So. 3d 158, 2012 WL 315874, 2012 Fla. App. LEXIS 1401
District Court of Appeal of Florida | Filed: Feb 3, 2012 | Docket: 2545230
Published
Appellant's Florida Rule of Criminal Procedure rule 3.800 jail credit challenge. Our affirmance, however
Category: Criminal Procedure
85 So. 3d 1110, 2012 WL 280257, 2012 Fla. App. LEXIS 1325
District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60307008
Published
Corrections on July 30, 1998. He alleged in his Rule 3.800 motion that the Department did not revoke his
Category: Criminal Procedure
77 So. 3d 841, 2012 Fla. App. LEXIS 189, 2012 WL 75183
District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304813
Published
850 motion as an appeal from the denial of a Rule 3.800(a) motion. See Hall v. State, 643 So.2d 635,
Category: Criminal Procedure
77 So. 3d 843, 2012 Fla. App. LEXIS 159, 2012 WL 75191
District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304814
Published
Motion to Correct Illegal Sentence. See Fla. R.Crim. P. 3.800(a). The trial court, without ordering a
Category: Criminal Procedure
76 So. 3d 412, 2012 Fla. App. LEXIS 140, 2012 WL 75108
District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 2578285
Published
we reverse the order denying the defendant's Rule 3.800(a) motion for additional credit for time served
Category: Criminal Procedure
76 So. 3d 1112, 2011 Fla. App. LEXIS 20905, 2011 WL 6851177
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60304175
Published
below during a series of hearings on petitioner’s rule 3.800(b)(2) motion, it was not raised by appellate
Category: Criminal Procedure
76 So. 3d 1077, 2011 WL 6439376
District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 60304159
Published
the public. This claim is not cognizable under rule 3.800(a) because it does not involve an illegal sentence
Category: Criminal Procedure
100 So. 3d 80, 2011 Fla. App. LEXIS 20465, 2011 WL 6379958
District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60225986
Published
its March 29, 2011, order granting Jackson’s rule 3.800(b)(2)(A) motion. See Owens v. State, 1 So.3d
Category: Criminal Procedure
75 So. 3d 1285, 2011 Fla. App. LEXIS 19938, 2011 WL 6183599
District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60303644
Published
affirm the trial court’s denial of appellant’s Rule 3.800(a) motion. Appellant’s motion did not establish
Category: Criminal Procedure
76 So. 3d 913, 36 Fla. L. Weekly Supp. 713, 2011 Fla. LEXIS 2852, 2011 WL 6089902
Supreme Court of Florida | Filed: Dec 8, 2011 | Docket: 60304602
Published
an out-of-cycle report proposing amendments to rule 3.800(c). The Florida Bar Board of Governors’ Executive
Category: Criminal Procedure
76 So. 3d 346, 2011 Fla. App. LEXIS 19527, 2011 WL 6057897
District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 441634
Published
motion to correct an illegal sentence pursuant to Rule 3.800(a).[2] By contrast, Rule 3.850(b) contains a
Category: Criminal Procedure
75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291
District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741
Published
correct sentencing error pending appeal. See Fla. R.Crim. P. 3.800(b)(2). The State conceded error on all but
Category: Criminal Procedure
76 So. 3d 1014, 2011 Fla. App. LEXIS 19192, 2011 WL 6003407
District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60304139
Published
found that, by failing to raise his claim in a Rule 3.800(b) motion prior to, or during, the pendency of
Category: Criminal Procedure
74 So. 3d 1136, 2011 Fla. App. LEXIS 18972, 2011 WL 5964575
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2352737
Published
Realizing that the out-of-time order deemed his rule 3.800(b) motion denied, Mr. Mapp appealed.
Based on
Category: Criminal Procedure
75 So. 3d 393, 2011 Fla. App. LEXIS 18983, 2011 WL 5964358
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60303739
Published
PER CURIAM.
The denial of appellant’s rule 3.800(a) motion is affirmed. The sentencing order does not
Category: Criminal Procedure
100 So. 3d 74, 2011 Fla. App. LEXIS 18971, 2011 WL 5964571
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60225937
Published
2009, Roberts, through counsel, filed a second rule 3.800(a) motion. The issue raised again involved whether
Category: Criminal Procedure
88 So. 3d 964, 2011 WL 5864683, 2011 Fla. App. LEXIS 18662
District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60308459
Published
(Defendant) appeals an order summarily denying her rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
75 So. 3d 373, 2011 Fla. App. LEXIS 18656, 2011 WL 5901396
District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60303724
Published
238, 243 (Fla.2007) (“[F]or motions filed under rule 3.800(a), we hold that if the trial court could have
Category: Criminal Procedure
83 So. 3d 784, 2011 WL 5864756, 2011 Fla. App. LEXIS 18669
District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60306500
Published
affirm the trial court’s denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. Pursuant
Category: Criminal Procedure
74 So. 3d 1132, 2011 Fla. App. LEXIS 18602, 2011 WL 5842782
District Court of Appeal of Florida | Filed: Nov 22, 2011 | Docket: 2352123
Published
filed a motion to correct sentence, pursuant to rule 3.800(b)(2), Florida Rules of Criminal Procedure, asserting
Category: Criminal Procedure
76 So. 3d 961, 2011 Fla. App. LEXIS 18100, 2011 WL 5554813
District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2354497
Published
(Defendant) appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
77 So. 3d 706, 2011 Fla. App. LEXIS 17777, 2011 WL 5375074
District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 60304758
Published
titled Motion for Modification of Sentence under Rule 3.800, which sought to reduce his two-year prison sentence
Category: Criminal Procedure
74 So. 3d 546, 2011 Fla. App. LEXIS 17790, 2011 WL 5375079
District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2540297
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
100 So. 3d 67, 2011 WL 5188987, 2011 Fla. App. LEXIS 17347
District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60225907
Published
reimpose restitution on remand. We disagree.
Under rule 3.800(c), a trial court may modify a sentence within
Category: Criminal Procedure
72 So. 3d 311, 2011 Fla. App. LEXIS 16738, 2011 WL 5008538
District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 60303252
Published
postcon-viction court summarily dismissed Battle’s rule 3.800(a) motion on the ground that it presented an
Category: Criminal Procedure
72 So. 3d 285, 2011 Fla. App. LEXIS 16279, 2011 WL 4905761
District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 1071703
Published
sentences. "When a trial court enters an order on a rule 3.800(b)(2) motion outside of the time permitted for
Category: Criminal Procedure
71 So. 3d 246, 2011 Fla. App. LEXIS 16074, 2011 WL 4809110
District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2359843
Published
Felix A. Smith appeals an order denying his rule 3.800 motion for post-conviction relief as successive
Category: Criminal Procedure
78 So. 3d 10, 2011 Fla. App. LEXIS 16070, 2011 WL 4809045
District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2575612
Published
that order as an appeal from the denial of a rule 3.800 motion for post-conviction relief. Because we
Category: Criminal Procedure
72 So. 3d 234, 2011 Fla. App. LEXIS 15745, 2011 WL 4578237
District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 60303224
Published
for credit for time served,” filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
88 So. 3d 194, 2011 Fla. App. LEXIS 15324, 2011 WL 4467339
District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60308181
Published
(holding successive motions are permitted under Rule 3.800(a) so long as the identical claim has not previously
Category: Criminal Procedure
201 So. 3d 9
District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60257130
Published
2d 887 (Fla. 3d DCA 2003) (affirming denial of rule 3.800 motion to correct illegal sentence).
(6) Johnson
Category: Criminal Procedure
69 So. 3d 1084, 2011 Fla. App. LEXIS 15072, 2011 WL 4420058
District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 60302434
Published
evidentiary process is outside of the limits of rule 3.800(a). See, e.g., Casey v. State, 788 So.2d 1121
Category: Criminal Procedure
69 So. 3d 1084, 2011 Fla. App. LEXIS 15072, 2011 WL 4420058
District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 60302434
Published
evidentiary process is outside of the limits of rule 3.800(a). See, e.g., Casey v. State, 788 So.2d 1121
Category: Criminal Procedure
88 So. 3d 189, 2011 WL 4056107, 2011 Fla. App. LEXIS 14535
District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60308176
Published
motion to correct an illegal sentence pursuant to rule 3.800(a). Minor admits to at least three prior unsuccessful
Category: Criminal Procedure
69 So. 3d 1002, 2011 Fla. App. LEXIS 14041, 2011 WL 3903159
District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302419
Published
issue in the lower court via a properly filed rule 3.800 petition. The trial court then can consider the
Category: Criminal Procedure
69 So. 3d 1002, 2011 Fla. App. LEXIS 14041, 2011 WL 3903159
District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302419
Published
issue in the lower court via a properly filed rule 3.800 petition. The trial court then can consider the
Category: Criminal Procedure
82 So. 3d 1032, 2011 Fla. App. LEXIS 13740, 2011 WL 3820109
District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60306033
Published
considered denied, pursuant to the rule. See Fla. R. Crim. P. 3.800(b)(1)(B).
Section 790.06(3), Florida Statutes
Category: Criminal Procedure
88 So. 3d 187, 2011 WL 3687435, 2011 Fla. App. LEXIS 13342
District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 60308174
Published
(“Medina”) appeals an order summarily denying his Rule 3.800(a) motion. We affirm in part and reverse in part
Category: Criminal Procedure
67 So. 3d 1188, 2011 Fla. App. LEXIS 13049, 2011 WL 3659316
District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60301952
Published
After affirming the order denying Appellant’s Rule 3.800(a) motion to correct sentence on June 21, 2011
Category: Criminal Procedure
67 So. 3d 1178, 2011 Fla. App. LEXIS 12957, 2011 WL 3586220
District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2564357
Published
affirm the trial court's denial of appellant's Rule 3.800(a) motion which sought additional presentence
Category: Criminal Procedure
82 So. 3d 987, 2011 Fla. App. LEXIS 12795, 2011 WL 3558150
District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2413305
Published
Amendments to the United States Constitution. In his rule 3.800(b)(2) motion, however, West correctly conceded
Category: Criminal Procedure
67 So. 3d 427, 2011 Fla. App. LEXIS 12545, 2011 WL 3477068
District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 2540234
Published
affirm the trial court's denial of appellant's Rule 3.800(a) motion. Brooks v. State, 969 So.2d 238 (Fla
Category: Criminal Procedure
82 So. 3d 948, 2011 Fla. App. LEXIS 12215, 2011 WL 3300208
District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60306302
Published
motion to correct illegal sentence pursuant to rule 3.800(a), in which he sought additional credit for
Category: Criminal Procedure
67 So. 3d 374, 2011 Fla. App. LEXIS 11787, 2011 WL 3111881
District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60302099
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
65 So. 3d 1152, 2011 Fla. App. LEXIS 11367, 2011 WL 2848585
District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 60301636
Published
January 18, 2007, until February 8, 2008. Although rule 3.800(a) would normally be the appropriate avenue to
Category: Criminal Procedure
64 So. 3d 1285, 2011 Fla. App. LEXIS 11072, 2011 WL 2732674
District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 321705
Published
Roberts subsequently filed this motion pursuant to rule 3.800(a), alleging that he should have been awarded
Category: Criminal Procedure
99 So. 3d 522, 2011 WL 2586424, 2011 Fla. App. LEXIS 10392
District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 60313055
Published
court to address the merits of the defendant’s Rule 3.800 motion.
Reversed and remanded.
Category: Criminal Procedure
65 So. 3d 116, 2011 Fla. App. LEXIS 10315, 2011 WL 2578565
District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 60301638
Published
effective January 13, 2000, a party may not file a rule 3.800(a) motion during the pendency of a direct appeal)
Category: Criminal Procedure
99 So. 3d 519, 2011 WL 2515384, 2011 Fla. App. LEXIS 9636
District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60313045
Published
motion to correct his sentence filed pursuant to rule 3.800(a). Because we conclude that the trial court
Category: Criminal Procedure
63 So. 3d 889, 2011 Fla. App. LEXIS 8980, 2011 WL 2415811
District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 60301196
Published
order was entered. The State concedes error.
Rule 3.800(c) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
62 So. 3d 1228, 2011 Fla. App. LEXIS 8454, 2011 WL 2268968
District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60300774
Published
850 motions for post-conviction relief, three rule 3.800(a) motions to correct sentence, and two petitions
Category: Criminal Procedure
126 So. 3d 275, 2011 WL 2496663, 2011 Fla. App. LEXIS 8408
District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60236384
Published
“his claim does not fall within the purview of [Rule] 3.800(a) and therefore he is not entitled to the relief
Category: Criminal Procedure
62 So. 3d 1169, 2011 Fla. App. LEXIS 8070, 2011 WL 2135635
District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2363128
Published
4D10-5362, 4D10-5363, and 4D10-5364, with his related rule 3.800 appeal, case no. 4D10-2149, and affirm the summary
Category: Criminal Procedure
61 So. 3d 1265, 2011 Fla. App. LEXIS 7583, 2011 WL 2031373
District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 60300427
Published
1172 (Fla. 4th DCA 1999). Appellant’s unsworn Rule 3.800(a) motion did not establish that the face of
Category: Criminal Procedure
61 So. 3d 1238, 2011 Fla. App. LEXIS 7425, 2011 WL 1938213
District Court of Appeal of Florida | Filed: May 23, 2011 | Docket: 2581836
Published
§§ 775.084(1)(a)2.b., (3), Fla. Stat. (2009). Rule 3.800 requires a trial court to dispose of such a motion
Category: Criminal Procedure
60 So. 3d 1151, 2011 Fla. App. LEXIS 6767, 2011 WL 1810596
District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 60300072
Published
reverse.
The arguments at the hearing on Croft’s rule 3.800(b)1 motion centered around whether there was
Category: Criminal Procedure
60 So. 3d 1153, 2011 Fla. App. LEXIS 6761, 2011 WL 1810616
District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 576691
Published
appeals and two rule 3.800 appeals. After affirming the denial of Lane's third rule 3.800(a) motion to correct
Category: Criminal Procedure
70 So. 3d 634, 2011 Fla. App. LEXIS 6751
District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 60302853
Published
Appellant’s claim.
On appeal from an order denying a rule 3.800 motion, this Court is required to reverse unless
Category: Criminal Procedure
60 So. 3d 565, 2011 Fla. App. LEXIS 6644, 2011 WL 1775894
District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300283
Published
sentence pursuant to rule 3.800(c). The court denied Pillajo’s motion under rule 3.800(c), but included language
Category: Criminal Procedure
60 So. 3d 1137, 2011 Fla. App. LEXIS 6955, 2011 WL 1775818
District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300068
Published
Edwin Cooper appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
60 So. 3d 559, 2011 Fla. App. LEXIS 6423, 2011 WL 1705594
District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300278
Published
Appellant challenges the summary denial of his rule 3.800 motion seeking additional jail credit in two
Category: Criminal Procedure
60 So. 3d 1108, 2011 Fla. App. LEXIS 6338, 2011 WL 1661374
District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 60300060
Published
rule on it, so it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B).
The trial court abused its discretion
Category: Criminal Procedure
79 So. 3d 747, 2011 Fla. App. LEXIS 6459, 2011 WL 1634237
District Court of Appeal of Florida | Filed: May 2, 2011 | Docket: 60305377
Published
the trial court’s order summai'ily denying his rule 3.800(a) motion. We affirm.
This is at least the ninth
Category: Criminal Procedure
60 So. 3d 1101, 2011 Fla. App. LEXIS 6042, 2011 WL 1597679
District Court of Appeal of Florida | Filed: Apr 29, 2011 | Docket: 60300058
Published
So.3d 154 (Fla. 5th DCA 2010).
In the instant rule 3.800(a) motion, Ms. White first alleged that her HFO
Category: Criminal Procedure
60 So. 3d 512, 2011 Fla. App. LEXIS 6158, 2011 WL 1562998
District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60300252
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(c).
Category: Criminal Procedure
60 So. 3d 504, 2011 Fla. App. LEXIS 5643, 2011 WL 1502018
District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300240
Published
who entered the order denying the appellant’s rule 3.800(a) motion previously recused himself from the
Category: Criminal Procedure
60 So. 3d 504, 2011 Fla. App. LEXIS 5647, 2011 WL 1501998
District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300239
Published
order which denied a motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, in Walton
Category: Criminal Procedure
59 So. 3d 325, 2011 Fla. App. LEXIS 5632, 2011 WL 1485364
District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60299685
Published
PER CURIAM.
The appellant’s rule 3.800(a) motion actually sought to challenge the factual basis for
Category: Criminal Procedure
58 So. 3d 394, 2011 Fla. App. LEXIS 5189, 2011 WL 1377065
District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299354
Published
statutory authority, but not within sixty days as rule 3.800(b)(2) requires. Because the order was not entered
Category: Criminal Procedure
58 So. 3d 384, 2011 Fla. App. LEXIS 4866, 2011 WL 1331547
District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299343
Published
motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). Mr. Roca was convicted of kidnapping
Category: Criminal Procedure
58 So. 3d 370, 2011 Fla. App. LEXIS 4872, 2011 WL 1327571
District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299335
Published
within sixty days, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B).
On appeal, in addition
Category: Criminal Procedure
58 So. 3d 368, 2011 Fla. App. LEXIS 4790, 2011 WL 1261189
District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299333
Published
there was no factual basis for his guilty plea, rule 3.800(a) motions are not used to resolve factual disputes
Category: Criminal Procedure
57 So. 3d 980, 2011 Fla. App. LEXIS 4500, 2011 WL 1197529
District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 60299226
Published
motion to correct illegal sentence pursuant to rule 3.800(a). The court, however, failed to address McKinney’s
Category: Criminal Procedure
57 So. 3d 296, 2011 Fla. App. LEXIS 4363, 2011 WL 1135524
District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60298995
Published
2008). “An order denying a facially sufficient rule 3.800(a) motion should include not only ‘valid reasons
Category: Criminal Procedure
66 So. 3d 950, 2011 Fla. App. LEXIS 4361, 2011 WL 1137295
District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60301909
Published
2d DCA 2008), for the proposition that “[a] rule 3.800(c) motion is directed to a circuit court’s absolute
Category: Criminal Procedure
56 So. 3d 906, 2011 Fla. App. LEXIS 3571, 2011 WL 917568
District Court of Appeal of Florida | Filed: Mar 18, 2011 | Docket: 60298696
Published
written judgment of sentence is cognizable in a Rule 3.800(a) motion to correct illegal sentence. Williams
Category: Criminal Procedure
57 So. 3d 906, 2011 Fla. App. LEXIS 3499, 2011 WL 904240
District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299188
Published
Procedure Rule 3.800 motion to correct illegal sentence. On appeal from a summary denial of a Rule 3.800 motion
Category: Criminal Procedure
56 So. 3d 113, 2011 Fla. App. LEXIS 3193, 2011 WL 798894
District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298507
Published
for mitigation of sentence filed pursuant to Rule 3.800(c), Florida Rule of Criminal Procedure. We dismiss
Category: Criminal Procedure
55 So. 3d 733, 2011 Fla. App. LEXIS 3155, 2011 WL 798639
District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 2407639
Published
motion to correct sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and
Category: Criminal Procedure
776 F. Supp. 2d 1293, 2011 U.S. Dist. LEXIS 22367, 2011 WL 837734
District Court, N.D. Florida | Filed: Mar 7, 2011 | Docket: 2341389
Published
motion to correct illegal sentence, pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
54 So. 3d 602, 2011 Fla. App. LEXIS 1912, 2011 WL 613382
District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 60298344
Published
defendant had raised the same claim in a prior Rule 3.800 motion and that the claim was previously denied
Category: Criminal Procedure
54 So. 3d 588, 2011 Fla. App. LEXIS 1580, 2011 WL 470255
District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298338
Published
review of the trial court’s summary denial of his rule 3.800 motion. We affirm the trial court’s decision
Category: Criminal Procedure
54 So. 3d 583, 2011 Fla. App. LEXIS 1535, 2011 WL 613547
District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60298334
Published
R.App. P. 9.141(b)(2)(D).
The excerpt of the Rule 3.800 hearing transcripts provided to this Court reflect
Category: Criminal Procedure
54 So. 3d 583, 2011 Fla. App. LEXIS 1535, 2011 WL 613547
District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60298334
Published
R.App. P. 9.141(b)(2)(D).
The excerpt of the Rule 3.800 hearing transcripts provided to this Court reflect
Category: Criminal Procedure
54 So. 3d 1045, 2011 Fla. App. LEXIS 1526, 2011 WL 613698
District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60298219
Published
Cunningham had previously appealed the denial of his Rule 3.800 motion to correct sentence upon the same grounds:
Category: Criminal Procedure
54 So. 3d 574, 2011 Fla. App. LEXIS 1431, 2011 WL 362236
District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 2574610
Published
issue was preserved for appeal by the filing of a rule 3.800(b)(2) motion.
[2] The order should also be corrected
Category: Criminal Procedure
53 So. 3d 391, 2011 Fla. App. LEXIS 1082, 2011 WL 335571
District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 60298098
Published
trial court’s summary denial of Richardson’s Rule 3.800(a)1 motion without prejudice to Richardson’s
Category: Criminal Procedure
54 So. 3d 569, 2011 Fla. App. LEXIS 1075, 2011 WL 340595
District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 2407280
Published
argues that if his appellate counsel had filed the rule 3.800(b) motion to correct sentence, either the sentencing
Category: Criminal Procedure
53 So. 3d 390, 2011 Fla. App. LEXIS 1083, 2011 WL 335568
District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 60298097
Published
Cortes appealed the denial of his two most recent rule 3.800(a) motions to correct illegal sentence. We affirmed
Category: Criminal Procedure
56 So. 3d 51, 2011 Fla. App. LEXIS 954, 2011 WL 265842
District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 2582337
Published
800(b)." Fla. R. App. P. 9.140(e). See Fla. R. Crim. P. 3.800(b) (permitting a motion to correct any
Category: Criminal Procedure
53 So. 3d 1131, 2011 Fla. App. LEXIS 955, 2011 WL 265845
District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 2557758
Published
motions, but it should not be included in orders on rule 3.800(c) motions. See Howard v. State, 914 So.2d 455
Category: Criminal Procedure
53 So. 3d 380, 2011 Fla. App. LEXIS 597, 2011 WL 249410
District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60298090
Published
Appellant challenges the summary denial of his rule 3.800 motion, which disputes the trial court’s imposition
Category: Criminal Procedure
50 So. 3d 801, 2011 Fla. App. LEXIS 536, 2011 WL 222200
District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2400197
Published
appeals of the circuit court's denial of his rule 3.800(a) motion may result in this court referring
Category: Criminal Procedure
51 So. 3d 1256, 2011 Fla. App. LEXIS 238, 2011 WL 180400
District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 60297529
Published
this case, he appealed the denial of his seventh Rule 3.800(a) motion. This Court per curiam affirmed and
Category: Criminal Procedure
51 So. 3d 620, 2011 Fla. App. LEXIS 219, 2011 WL 103549
District Court of Appeal of Florida | Filed: Jan 13, 2011 | Docket: 31686
Published
our review by a contemporaneous objection or a rule 3.800(b)(2) motion and, thus, we cannot correct the
Category: Criminal Procedure
51 So. 3d 1188, 2011 Fla. App. LEXIS 17, 2011 WL 13729
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2408473
Published
Palm Beach, for appellee.
PER CURIAM.
In this rule 3.800(a) appeal, appellant challenges his ten-year
Category: Criminal Procedure
55 So. 3d 600, 2011 Fla. App. LEXIS 1, 2011 WL 13703
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2406378
Published
2004).
Finally, Moore filed a fifty-two page rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
51 So. 3d 1204, 2011 Fla. App. LEXIS 10, 2011 WL 13681
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2386537
Published
compelled to reverse. When summarily denying a rule 3.800(a) motion, a circuit court is required to attach
Category: Criminal Procedure
55 So. 3d 598, 2010 Fla. App. LEXIS 20239, 2010 WL 5383063
District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2490489
Published
his motion to correct illegal sentence. Fla. R. Crim. P. 3.800. The basis for the trial court's order
Category: Criminal Procedure
49 So. 3d 866, 2010 Fla. App. LEXIS 19452, 2010 WL 5174338
District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 60296876
Published
the ground for relief is not cognizable in a rule 3.800(a) motion. See Anderson v. State, 758 So.2d 1156
Category: Criminal Procedure
48 So. 3d 203, 2010 Fla. App. LEXIS 18330, 2010 WL 4861510
District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296537
Published
presented at his sentencing hearing and in his rule 3.800(b) motion. In response, the State contends that
Category: Criminal Procedure
69 So. 3d 951, 2010 Fla. App. LEXIS 18311, 35 Fla. L. Weekly Fed. D 2614
District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2359817
Published
proceeding is a possibility. Because a motion under rule 3.800(a) can be filed at any time and because, rightly
Category: Criminal Procedure
47 So. 3d 976, 2010 Fla. App. LEXIS 18469, 2010 WL 4861760
District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2535291
Published
motion based solely upon the state's response to a rule 3.800(a) motion to correct an illegal sentence. The
Category: Criminal Procedure
48 So. 3d 935, 2010 Fla. App. LEXIS 18005, 2010 WL 4740327
District Court of Appeal of Florida | Filed: Nov 24, 2010 | Docket: 60296655
Published
Soler’s claim.
On appeal from a summary denial of a Rule 3.800(a) motion, this Court must reverse unless the
Category: Criminal Procedure
48 So. 3d 934, 2010 Fla. App. LEXIS 18001, 2010 WL 4740180
District Court of Appeal of Florida | Filed: Nov 24, 2010 | Docket: 60296653
Published
Braxton’s claim.
On appeal from a summary denial of a Rule 3.800(a) motion, this Court must reverse unless the
Category: Criminal Procedure
67 So. 3d 249, 2010 Fla. App. LEXIS 17179, 2010 WL 4484631
District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302079
Published
before the sixty-day period expired. See Fla. R.Crim. P. 3.800(b)(1)(B), (b)(2)(B); Conroy v. State, 938
Category: Criminal Procedure
93 So. 3d 327, 2010 Fla. App. LEXIS 16532, 2010 WL 4273625
District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60310542
Published
with an assault. The trial court granted the rule 3.800(a) motion and resentenced Mr. Hackley without
Category: Criminal Procedure
46 So. 3d 1132, 2010 Fla. App. LEXIS 16528, 2010 WL 4273196
District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296131
Published
unambiguously explained, in denying Appellant’s rule 3.800(a) motion, that credit would not be awarded for
Category: Criminal Procedure
46 So. 3d 621, 2010 Fla. App. LEXIS 15538, 2010 WL 3984885
District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1457730
Published
conviction.
Accordingly, we reverse the denial of the rule 3.800(a) motion and remand to either attach portions
Category: Criminal Procedure
45 So. 3d 937, 2010 Fla. App. LEXIS 15574, 2010 WL 3985255
District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296087
Published
trial court summarily denied the defendant’s Rule 3.800(a) motion, and the defendant has appealed.
On
Category: Criminal Procedure
45 So. 3d 935, 2010 Fla. App. LEXIS 15599, 2010 WL 3984671
District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1927873
Published
claim could not be raised for the first time on a Rule 3.800(a) motion. See State v. Huerta, 38 So.3d 883
Category: Criminal Procedure
45 So. 3d 935, 2010 Fla. App. LEXIS 15599, 2010 WL 3984671
District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1927873
Published
claim could not be raised for the first time on a Rule 3.800(a) motion. See State v. Huerta, 38 So.3d 883
Category: Criminal Procedure
46 So. 3d 100, 2010 Fla. App. LEXIS 15054, 2010 WL 3894507
District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2553089
Published
appellant's motion as though it were filed pursuant to rule 3.800(c) and denied it as untimely. However, the appellant's
Category: Criminal Procedure
44 So. 3d 1197, 2010 Fla. App. LEXIS 14479, 2010 WL 3766838
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2584850
Published
him. There is no time limit to the filing of rule 3.800(a) motions.
In Bover v. State, 797 So.2d 1246
Category: Criminal Procedure
126 So. 3d 266, 2010 Fla. App. LEXIS 14476, 2010 WL 3766776
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60236372
Published
was given no credit for time served. He filed a rule 3.800(a) motion seeking credit for the time he served
Category: Criminal Procedure
43 So. 3d 154, 2010 Fla. App. LEXIS 12732, 2010 WL 3419813
District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60295421
Published
was in substance a rule 3.850 motion and not a rule 3.800 motion. The State also agreed that, as a rule
Category: Criminal Procedure
42 So. 3d 887, 2010 Fla. App. LEXIS 12185, 2010 WL 3239154
District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148248
Published
850. We remand for further proceedings.
In his Rule 3.800(a) motion, the defendant maintains that his mandatory
Category: Criminal Procedure
42 So. 3d 867, 2010 Fla. App. LEXIS 11777, 2010 WL 3184351
District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 1148241
Published
He asserts that his claim is cognizable in a rule 3.800(a) motion because an examination of the record
Category: Criminal Procedure
41 So. 3d 367, 2010 Fla. App. LEXIS 10694, 2010 WL 2873604
District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 60295215
Published
PER CURIAM.
DISMISSED. See Fla. R.Crim. P. 3.800 (providing that the movant has the right to appeal
Category: Criminal Procedure
39 So. 3d 539, 2010 Fla. App. LEXIS 10463, 2010 WL 2787552
District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 60294913
Published
from the December 2, 2009, order denying the rule 3.800 motion in Case No. 00-CF-15871-B in the Circuit
Category: Criminal Procedure
39 So. 3d 523, 2010 Fla. App. LEXIS 10017, 2010 WL 2695658
District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 2399015
Published
without prejudice for the Public Defender to file a Rule 3.800(a) Motion To Correct Illegal Sentence, alleging
Category: Criminal Procedure
39 So. 3d 473, 2010 Fla. App. LEXIS 9874, 2010 WL 2670891
District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2409684
Published
Rule of Criminal Procedure 3.850 motion and a Rule 3.800(a) motion. The former was *475 clearly time barred
Category: Criminal Procedure
40 So. 3d 810, 2010 Fla. App. LEXIS 9855, 2010 WL 2670893
District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1667013
Published
count three.[2]
According to the defendant's Rule 3.800(a) motion, on counts one and two the State charged
Category: Criminal Procedure
40 So. 3d 76, 2010 Fla. App. LEXIS 9865, 2010 WL 2679974
District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1136914
Published
motion to correct sentencing error pursuant to Rule 3.800(a). Appellant was sentenced to five years of
Category: Criminal Procedure
37 So. 3d 989, 2010 Fla. App. LEXIS 9768, 2010 WL 2634427
District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1239643
Published
beyond the sixty-day time period set forth in rule 3.800(b)(2)(B). Therefore, Grable's motion is deemed
Category: Criminal Procedure
38 So. 3d 826, 2010 Fla. App. LEXIS 8946, 2010 WL 2472179
District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1423725
Published
motions pursuant to Florida Criminal Procedure Rule 3.800(b), which the trial court dismissed and denied
Category: Criminal Procedure
38 So. 3d 826, 2010 Fla. App. LEXIS 8946, 2010 WL 2472179
District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1423725
Published
motions pursuant to Florida Criminal Procedure Rule 3.800(b), which the trial court dismissed and denied
Category: Criminal Procedure
36 So. 3d 191, 2010 Fla. App. LEXIS 8648, 2010 WL 2382853
District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 1897328
Published
the trial court's order summarily denying her rule 3.800(a) motion to correct illegal sentence in which
Category: Criminal Procedure
38 So. 3d 217, 2010 Fla. App. LEXIS 8240, 2010 WL 2330407
District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1658816
Published
judgment and sentence a nullity.[1]See Fla. R.Crim. P. 3.800(b)(2)(B); Jackson v. State, 793 So.2d 117
Category: Criminal Procedure
39 So. 3d 366, 2010 Fla. App. LEXIS 8245, 2010 WL 2330425
District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2388594
Published
charges to fifteen years' prison.
Odom filed a rule 3.800(a) motion on May 8, 2009, alleging entitlement
Category: Criminal Procedure
36 So. 3d 872, 2010 Fla. App. LEXIS 7704, 2010 WL 2218652
District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 446446
Published
the June 23, 2009, order denying Petitioner's rule 3.800(a) motion in Case No. 48-04-CF-4321-OA in the
Category: Criminal Procedure
36 So. 3d 872, 2010 Fla. App. LEXIS 7704, 2010 WL 2218652
District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 446446
Published
the June 23, 2009, order denying Petitioner's rule 3.800(a) motion in Case No. 48-04-CF-4321-OA in the
Category: Criminal Procedure
36 So. 3d 873, 2010 Fla. App. LEXIS 7721, 2010 WL 2218645
District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 60294496
Published
motion, it believed that an appeal of a prior rule 3.800(a) motion, involving issues that were “sufficiently
Category: Criminal Procedure
36 So. 3d 832, 2010 Fla. App. LEXIS 7522, 2010 WL 2134094
District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 60294485
Published
App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is discretionary with the court and is itself
Category: Criminal Procedure
33 So. 3d 145, 2010 Fla. App. LEXIS 6430, 2010 WL 1816508
District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 60289939
Published
sentence to five years’ probation. See Fla. R.Crim. P. 3.800(c). The State raises several issues, none
Category: Criminal Procedure
33 So. 3d 145, 2010 Fla. App. LEXIS 6430, 2010 WL 1816508
District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 60289939
Published
sentence to five years’ probation. See Fla. R.Crim. P. 3.800(c). The State raises several issues, none
Category: Criminal Procedure
35 So. 3d 947, 2010 Fla. App. LEXIS 5348, 2010 WL 1626455
District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 2569348
Published
5th DCA 2010) ("As in all motions filed under rule 3.800(a), the movant bears the burden to demonstrate
Category: Criminal Procedure
34 So. 3d 106, 2010 Fla. App. LEXIS 4934, 2010 WL 1460239
District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 2584721
Published
to state a claim for jail time credit. Fla. R.Crim. P. 3.800. However, the defendant should be given
Category: Criminal Procedure
34 So. 3d 107, 2010 Fla. App. LEXIS 4937
District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 60289974
Published
of sen-fencing; or (2) by motion pursuant to [rule] 3.800(b)”).
Affirmed.
Category: Criminal Procedure
36 So. 3d 723, 2010 Fla. App. LEXIS 4862, 2010 WL 1445187
District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 60294469
Published
seeking relief under Fla. R.Crim. P. 3.800(a), including direct appeal, Fla. R.Crim. P. 3.800(b) motion, and
Category: Criminal Procedure
31 So. 3d 932, 2010 Fla. App. LEXIS 4290, 2010 WL 1233502
District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 2540309
Published
Appeal Reform Act of 1996 and the revisions to rule 3.800.
Edwards is correct that an offender cannot be
Category: Criminal Procedure
31 So. 3d 917, 2010 Fla. App. LEXIS 4199, 2010 WL 1222656
District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1450365
Published
4, 2009, raises the same issue as an earlier rule 3.800(a) motion filed by defendant-appellant Martin
Category: Criminal Procedure
31 So. 3d 279, 2010 Fla. App. LEXIS 3899, 2010 WL 1135994
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 2576787
Published
that Mr. Lynn was entitled to relief. See Fla. R.Crim. P. 3.800(a) (providing for correction of sentence
Category: Criminal Procedure
30 So. 3d 706, 2010 Fla. App. LEXIS 3912, 35 Fla. L. Weekly Fed. D 696
District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 2589310
Published
as the notice of appeal from the denial of his rule 3.800(a) motion for post-conviction relief in Case
Category: Criminal Procedure
31 So. 3d 264, 2010 Fla. App. LEXIS 3823, 2010 WL 1050076
District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 2570790
Published
to withdraw the motion and another thenpending rule 3.800(a) motion.[1] In its response filed below, the
Category: Criminal Procedure
30 So. 3d 675, 2010 Fla. App. LEXIS 3798, 2010 WL 1049991
District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1639539
Published
defendant-appellant Sammie Singletary is cognizable under Rule 3.800(a). The defendant maintains that his twenty-year
Category: Criminal Procedure
30 So. 3d 637, 2010 Fla. App. LEXIS 3518, 2010 WL 935577
District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 2586994
Published
address one of the issues raised in appellant's rule 3.800(b) motion filed on July 17, 2007. In that motion
Category: Criminal Procedure
31 So. 3d 867, 2010 Fla. App. LEXIS 3360, 2010 WL 935477
District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 60289834
Published
recited that it was being filed “pursuant to Rule 3.800 Florida Rules of Criminal Procedure,” and alleged
Category: Criminal Procedure
31 So. 3d 220, 2010 Fla. App. LEXIS 2539, 2010 WL 711789
District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2563954
Published
allows defendants to file successive motions under rule 3.800."). This has led to the proliferation of successive
Category: Criminal Procedure
29 So. 3d 374, 2010 Fla. App. LEXIS 2099, 2010 WL 624201
District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 2576601
Published
PER CURIAM.
We affirm the denial of appellant's rule 3.800(a) motion, but for reasons other than those provided
Category: Criminal Procedure
27 So. 3d 240, 2010 Fla. App. LEXIS 1579, 2010 WL 532810
District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 60288101
Published
the motion is considered *241denied. See Fla. R.Crim. P. 3.800(b)(1)(B) (2008) (“Within 60 days from the
Category: Criminal Procedure
27 So. 3d 779, 2010 Fla. App. LEXIS 1570, 2010 WL 532804
District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 60288386
Published
pronouncement. Such a claim is cognizable under rule 3.800(a). Williams v. State, 957 So.2d 600, 601 (Fla
Category: Criminal Procedure
27 So. 3d 773, 2010 Fla. App. LEXIS 1456, 2010 WL 475285
District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1567058
Published
the notice of appeal from the order denying the rule 3.800 motion in Case No. 1995-CF-000123-A in the Circuit
Category: Criminal Procedure
27 So. 3d 228, 2010 Fla. App. LEXIS 1427, 2010 WL 476693
District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 60288097
Published
motion to correct an illegal sentence pursuant to rule 3.800(a), claiming the written sentence did not conform
Category: Criminal Procedure
28 So. 3d 120, 2010 Fla. App. LEXIS 569, 2010 WL 323026
District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1166405
Published
the awarded credit to the gain time.[1]
In his rule 3.800(a) motion, Brown raises two issues that, he argues
Category: Criminal Procedure
25 So. 3d 1251, 2010 Fla. App. LEXIS 274, 2010 WL 173633
District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1254726
Published
things, that Rule 3.800(a) cannot be used for this purpose. The State is incorrect. Rule 3.800(a) states
Category: Criminal Procedure
25 So. 3d 696, 2010 Fla. App. LEXIS 295, 2010 WL 178938
District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 2584939
Published
apparent in the record and cannot be raised in a rule 3.800(a) motion. See Ericson v. State, 932 So.2d 311
Category: Criminal Procedure
29 So. 3d 327, 2010 Fla. App. LEXIS 186, 2010 WL 129671
District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 2410899
Published
counsel was not ineffective for failing to file a rule 3.800(b)(2) motion to correct sentence because Williams
Category: Criminal Procedure
24 So. 3d 812, 2010 Fla. App. LEXIS 130, 2010 WL 45867
District Court of Appeal of Florida | Filed: Jan 8, 2010 | Docket: 1331395
Published
court, "is not `an entitlement' for purposes of rule 3.800(a)").
Affirmed.
VILLANTI, KHOUZAM, and CRENSHAW
Category: Criminal Procedure
24 So. 3d 786, 2009 Fla. App. LEXIS 20515, 2009 WL 5150257
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1152898
Published
and COHEN, JJ., concur.
NOTES
[1] See Fla. R.Crim. P. 3.800(b)(2).
Category: Criminal Procedure
24 So. 3d 777, 2009 Fla. App. LEXIS 20565, 2009 WL 5150268
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648699
Published
appeals the trial court's summary denial of his Rule 3.800(a) motion in which he alleges that one of four
Category: Criminal Procedure
24 So. 3d 783, 2009 Fla. App. LEXIS 20516, 2009 WL 5150254
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2558075
Published
CURIAM.
Appellant challenges the denial of her rule 3.800 motion directed to her sevenyear prison sentence
Category: Criminal Procedure
24 So. 3d 783, 2009 Fla. App. LEXIS 20516, 2009 WL 5150254
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2558075
Published
CURIAM.
Appellant challenges the denial of her rule 3.800 motion directed to her sevenyear prison sentence
Category: Criminal Procedure
27 So. 3d 103, 2009 Fla. App. LEXIS 20371, 2009 WL 5125450
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60288078
Published
did not rule on it within sixty days. See Fla. R.Crim. P. 3.800(b)(1)(B). On appeal, the State concedes
Category: Criminal Procedure
24 So. 3d 724, 2009 Fla. App. LEXIS 20025, 2009 WL 4928047
District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1152709
Published
jail time credit can be raised at any time in a rule 3.800(a) motion "when it is affirmatively alleged that
Category: Criminal Procedure
23 So. 3d 847, 2009 Fla. App. LEXIS 19297, 2009 WL 4721397
District Court of Appeal of Florida | Filed: Dec 10, 2009 | Docket: 60282087
Published
contends that he is entitled to relief under rule 3.800 because he was not afforded credit for the prison
Category: Criminal Procedure
28 So. 3d 70, 2009 Fla. App. LEXIS 19492, 2009 WL 4604276
District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1652537
Published
30 years' imprisonment. The appellant filed a rule 3.800(a) motion asserting that his 30-year upward departure
Category: Criminal Procedure
23 So. 3d 781, 2009 Fla. App. LEXIS 17684, 2009 WL 4061324
District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1472238
Published
review of the orders that summarily denied his rule 3.800(a) motion for postconviction relief and an order
Category: Criminal Procedure
36 So. 3d 690, 2009 Fla. App. LEXIS 17723, 2009 WL 4068669
District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 2583667
Published
motion to correct scrivener's error pursuant to rule 3.800(a) to which the circuit court clerk's office
Category: Criminal Procedure
21 So. 3d 133, 2009 Fla. App. LEXIS 16355, 2009 WL 3617118
District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 2580458
Published
moot.
On appeal from the summary denial of a rule 3.800(a) motion, this court is obligated to reverse
Category: Criminal Procedure
19 So. 3d 1115, 2009 Fla. App. LEXIS 15185, 2009 WL 3230402
District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1162779
Published
first time was in an appeal from the denial of a rule 3.800 motion. We affirmed there because the claim,
Category: Criminal Procedure
20 So. 3d 959, 2009 Fla. App. LEXIS 14928, 2009 WL 3189354
District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1177560
Published
relief seeking additional jail credit. See Fla. R.Crim. P. 3.800(a). This court has jurisdiction. Fla. RApp
Category: Criminal Procedure
17 So. 3d 1272, 2009 Fla. App. LEXIS 14257, 2009 WL 3049001
District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 60249079
Published
preserved by contemporaneous objection or through a rule 3.800(b) *1274motion); Bernal v. State, 9 So.3d 748
Category: Criminal Procedure
17 So. 3d 1272, 2009 Fla. App. LEXIS 14257, 2009 WL 3049001
District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 60249079
Published
preserved by contemporaneous objection or through a rule 3.800(b) *1274motion); Bernal v. State, 9 So.3d 748
Category: Criminal Procedure
20 So. 3d 913, 2009 Fla. App. LEXIS 14106, 2009 WL 3013289
District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 1639892
Published
Procedure 3.850 successiveness principles to this Rule 3.800(a) motion, whereas the relevant principles are
Category: Criminal Procedure
16 So. 3d 1060, 2009 Fla. App. LEXIS 13753, 2009 WL 2951916
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1641197
Published
court lacked jurisdiction to correct it under rule 3.800(a).[2] Second, he argues that the court violated
Category: Criminal Procedure
16 So. 3d 1060, 2009 Fla. App. LEXIS 13753, 2009 WL 2951916
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1641197
Published
court lacked jurisdiction to correct it under rule 3.800(a).[2] Second, he argues that the court violated
Category: Criminal Procedure
17 So. 3d 890, 2009 Fla. App. LEXIS 13748, 34 Fla. L. Weekly Fed. D 1888
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1644426
Published
pursuant to rule 3.800(a). See Saintelien v. State, 990 So.2d 494 (Fla.2008) (holding that a rule 3.800(a) motion
Category: Criminal Procedure
17 So. 3d 891, 2009 Fla. App. LEXIS 13773, 34 Fla. L. Weekly Fed. D 1897
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1444320
Published
affirm the trial court's denial of the defendant's rule 3.800 motion requesting additional jail credit for
Category: Criminal Procedure
19 So. 3d 416, 2009 Fla. App. LEXIS 13758, 2009 WL 2949334
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 60254626
Published
Deveaux has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
16 So. 3d 330, 2009 Fla. App. LEXIS 13776, 2009 WL 2949293
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1436376
Published
first two grounds for relief, filed pursuant to rule 3.800(a). We reverse as to the third ground, filed
Category: Criminal Procedure
16 So. 3d 1048, 2009 Fla. App. LEXIS 13476, 2009 WL 2901212
District Court of Appeal of Florida | Filed: Sep 11, 2009 | Docket: 127047
Published
currently pending in this court.
Martinez filed his rule 3.800(a) motion on September 20, 2007. However, the
Category: Criminal Procedure
17 So. 3d 1250, 2009 Fla. App. LEXIS 13478, 34 Fla. L. Weekly Fed. D 1858
District Court of Appeal of Florida | Filed: Sep 11, 2009 | Docket: 60249075
Published
of illegal sentences in at least three earlier rule 3.800(a) motions. Consequently, when the postconviction
Category: Criminal Procedure
18 So. 3d 40, 2009 Fla. App. LEXIS 13193, 2009 WL 2871137
District Court of Appeal of Florida | Filed: Sep 9, 2009 | Docket: 151330
Published
raised and denied in an earlier motion filed under rule 3.800. That motion, however, concerned only Burrow's
Category: Criminal Procedure
16 So. 3d 316, 2009 Fla. App. LEXIS 12888, 2009 WL 2835208
District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1462088
Published
and sexual battery with slight force. See Fla. R.Crim. P. 3.800(a). The postconviction court concluded that
Category: Criminal Procedure
16 So. 3d 1019, 2009 Fla. App. LEXIS 12898, 2009 WL 2840559
District Court of Appeal of Florida | Filed: Sep 3, 2009 | Docket: 1125126
Published
sought the additional jail credit by filing a rule 3.800 motion. In his motion, he alleged all the details
Category: Criminal Procedure
32 So. 3d 88, 2009 Fla. App. LEXIS 12663, 2009 WL 2634075
District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 2540106
Published
motion is identical to a claim raised in a prior rule 3.800(a) motion. He obtained relief on that claim pursuant
Category: Criminal Procedure
16 So. 3d 258, 2009 Fla. App. LEXIS 11567, 2009 WL 2517047
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 2549597
Published
raised a variation of the instant issue in a rule 3.800(a) motion, filed through counsel, without any
Category: Criminal Procedure
17 So. 3d 790, 2009 Fla. App. LEXIS 11401, 2009 WL 2475019
District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1645547
Published
remand for the trial court to consider Collins' rule 3.800(a) motion on the merits.
Collins was convicted
Category: Criminal Procedure
17 So. 3d 790, 2009 Fla. App. LEXIS 11401, 2009 WL 2475019
District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1645547
Published
remand for the trial court to consider Collins' rule 3.800(a) motion on the merits.
Collins was convicted
Category: Criminal Procedure
16 So. 3d 933, 2009 Fla. App. LEXIS 11241, 2009 WL 2448168
District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1641327
Published
denial of rehearing of order summarily denying Rule 3.800 motion); Curry v. State, 955 So.2d 579 (Fla.
Category: Criminal Procedure
14 So. 3d 276, 2009 Fla. App. LEXIS 10596, 2009 WL 2338055
District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 60241310
Published
Hall appeals from an order summarily denying his Rule 3.800(a)1 motion to correct illegal sentence. We affirm
Category: Criminal Procedure
12 So. 3d 907, 2009 Fla. App. LEXIS 9331, 2009 WL 1940815
District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1646631
Published
in offense-level scoring are cognizable in a rule 3.800(a) motion. See Herrmann v. State, 768 So.2d 511
Category: Criminal Procedure
14 So. 3d 1255, 2009 Fla. App. LEXIS 8600, 2009 WL 1883922
District Court of Appeal of Florida | Filed: Jul 2, 2009 | Docket: 1161123
Published
appeal. At last count, Wells has filed three rule 3.800(a) motions, a habeas petition, and nine rule
Category: Criminal Procedure
14 So. 3d 1253, 2009 Fla. App. LEXIS 8572, 2009 WL 1872336
District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1650281
Published
We reconsider this appeal from the denial of a rule 3.800(a) motion in which appellant challenged his sexual
Category: Criminal Procedure
14 So. 3d 1082, 2009 Fla. App. LEXIS 7443, 2009 WL 1562192
District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 1157337
Published
appeals the trial court's summary denial of her rule 3.800(a) motion in which she asserts entitlement to
Category: Criminal Procedure
13 So. 3d 127, 2009 Fla. App. LEXIS 6918, 2009 WL 1532966
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 60237583
Published
notice of appeal and subsequently filed a timely rule 3.800(b)(2) motion in the trial court asserting that
Category: Criminal Procedure
14 So. 3d 1063, 2009 Fla. App. LEXIS 6934, 2009 WL 1491718
District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1650070
Published
by rule 3.800(b)(2)); State v. Anderson, 905 So.2d 111, 118 (Fla.2005) (stating that a rule 3.800(b)
Category: Criminal Procedure
11 So. 3d 441, 2009 Fla. App. LEXIS 6219, 2009 WL 1457116
District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 60229966
Published
the current motion. While it is true that the rule 3.800(a) motion alleged the same claim for credit for
Category: Criminal Procedure
12 So. 3d 817, 2009 Fla. App. LEXIS 5865, 2009 WL 1424084
District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 60233832
Published
filed a motion to correct illegal sentence under rule 3.800(b)(2). In this motion, Mr. Durbrow argued that
Category: Criminal Procedure
13 So. 3d 106, 2009 Fla. App. LEXIS 5425, 2009 WL 1393537
District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1659893
Published
Stephen Herrington, appeals an order denying his Rule 3.800(a) motion to correct sentence. This case involved
Category: Criminal Procedure
9 So. 3d 763, 2009 Fla. App. LEXIS 5820, 2009 WL 1383471
District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1410699
Published
Appellee.
*764 PER CURIAM.
The appellant has filed a rule 3.800(a) motion asserting that his 30-year sentence
Category: Criminal Procedure
12 So. 3d 810, 2009 Fla. App. LEXIS 4458, 2009 WL 1311023
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60233830
Published
defendant alleges that he filed a subsequent rule 3.800(a) motion to correct illegal sentence on or about
Category: Criminal Procedure
12 So. 3d 810, 2009 Fla. App. LEXIS 4458, 2009 WL 1311023
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60233830
Published
defendant alleges that he filed a subsequent rule 3.800(a) motion to correct illegal sentence on or about
Category: Criminal Procedure
13 So. 3d 74, 2009 Fla. App. LEXIS 7037, 2009 WL 1312916
District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60237622
Published
imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal
Category: Criminal Procedure
18 So. 3d 608, 2009 Fla. App. LEXIS 4443, 2009 WL 1272337
District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 197671
Published
prejudice to the appellant's right to file a new rule 3.800(a) motion once the direct appeal has been resolved
Category: Criminal Procedure
9 So. 3d 748, 2009 Fla. App. LEXIS 4234, 2009 WL 1231010
District Court of Appeal of Florida | Filed: May 7, 2009 | Docket: 1667841
Published
issues on appeal and preserve them by filing a rule 3.800(b) motion”).
Category: Criminal Procedure
6 So. 3d 732, 2009 Fla. App. LEXIS 3437, 2009 WL 1066279
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 387244
Published
motion for reduction of sentence pursuant to rule 3.800(c). The postconviction court dismissed the motion
Category: Criminal Procedure
10 So. 3d 216, 2009 Fla. App. LEXIS 3432, 2009 WL 1066012
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 2542112
Published
supreme court quashed our decision that held that a rule 3.800 motion was not the proper vehicle for reviewing
Category: Criminal Procedure
7 So. 3d 637, 2009 Fla. App. LEXIS 3259, 2009 WL 1024593
District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 60302819
Published
facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking
Category: Criminal Procedure
9 So. 3d 705, 2009 Fla. App. LEXIS 3245, 2009 WL 1025413
District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 2548566
Published
in the first set of cases.
Subsequently, in a rule 3.800(a) motion, Baez brought a successful Heggs[1]
Category: Criminal Procedure
9 So. 3d 705, 2009 Fla. App. LEXIS 3245, 2009 WL 1025413
District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 2548566
Published
in the first set of cases.
Subsequently, in a rule 3.800(a) motion, Baez brought a successful Heggs[1]
Category: Criminal Procedure
6 So. 3d 727, 2009 Fla. App. LEXIS 3205, 2009 WL 996842
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1445842
Published
during sentencing or filing a motion pursuant to rule 3.800(b)); State v. Hamner, 816 So.2d 810, 812 (Fla
Category: Criminal Procedure
6 So. 3d 118, 2009 Fla. App. LEXIS 3185, 2009 WL 996404
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 322018
Published
appeals of the orders that denied his motions for rule 3.800(a) and 3.850 relief. Both motions present the
Category: Criminal Procedure
9 So. 3d 700, 2009 Fla. App. LEXIS 3178, 2009 WL 996389
District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60309072
Published
a result, this is not the proper subject of a rule 3.800(a) motion.
Whether Miller was under legal constraint
Category: Criminal Procedure
9 So. 3d 674, 2009 Fla. App. LEXIS 2860, 2009 WL 928603
District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1220359
Published
The Florida Supreme Court has explained that "Rule 3.800 ... allows a court to correct an illegal sentence
Category: Criminal Procedure
8 So. 3d 1152, 2009 Fla. App. LEXIS 2847, 2009 WL 873559
District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 364702
Published
Perez jail credit for 58 days.
Perez filed a rule 3.800(a) motion seeking additional jail credit. A jail
Category: Criminal Procedure
6 So. 3d 108, 2009 Fla. App. LEXIS 2936, 2009 WL 838314
District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1445965
Published
affirmance is without prejudice to his filing a rule 3.800(a) motion in his 2005 case, alleging, if he can
Category: Criminal Procedure
10 So. 3d 149, 2009 Fla. App. LEXIS 2514, 2009 WL 763484
District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1132811
Published
not a sentencing error subject to relief under Rule 3.800(b)."); Williams v. State, *152 873 So.2d 1248
Category: Criminal Procedure
4 So. 3d 1267, 2009 Fla. App. LEXIS 2272, 2009 WL 722074
District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 60295029
Published
correct illegal sentences, filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
4 So. 3d 1256, 2009 Fla. App. LEXIS 1787, 2009 WL 605412
District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 2523328
Published
("Unlike a motion pursuant to rule 3.850, the [rule 3.800(a)] motion can be filed without an oath because
Category: Criminal Procedure
2 So. 3d 1126, 2009 Fla. App. LEXIS 1939, 2009 WL 529580
District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 60256716
Published
her release, this claim may not be raised in a rule 3.800(a) motion. See Seward v. State, 990 So.2d 655
Category: Criminal Procedure
8 So. 3d 381, 2009 Fla. App. LEXIS 1705, 2009 WL 528923
District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 2561396
Published
before credit for time served may be granted under rule 3.800(a). If the trial court records demonstrate an
Category: Criminal Procedure
3 So. 3d 1188, 34 Fla. L. Weekly Supp. 246, 2009 Fla. LEXIS 264, 2009 WL 465654
Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1412657
Published
Courts in King and Kidd "to the extent that a rule 3.800(a) motion may be used to challenge a sexual predator
Category: Criminal Procedure
1 So. 3d 1255, 2009 Fla. App. LEXIS 1117, 2009 WL 321640
District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 2582222
Published
appellant's Florida Rule of Criminal Procedure Rule 3.800(a) motion without prejudice for appellant to
Category: Criminal Procedure
1 So. 3d 1195, 2009 Fla. App. LEXIS 3212, 2009 WL 275193
District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 2552782
Published
the denial of his motion brought pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
1 So. 3d 1195, 2009 Fla. App. LEXIS 3212, 2009 WL 275193
District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 2552782
Published
the denial of his motion brought pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
998 So. 2d 1214, 2009 WL 211925
District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1701698
Published
of the record, he filed a motion pursuant to rule 3.800(a) in the first case only. The trial court afforded
Category: Criminal Procedure
1 So. 3d 1172, 2009 Fla. App. LEXIS 567, 2009 WL 187799
District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1173430
Published
state that this issue could not be raised in a rule 3.800(a) motion.
Contrary to the state's argument,
Category: Criminal Procedure
998 So. 2d 1213, 2009 WL 187789
District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1701392
Published
CURIAM.
Kevin Bradley appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. Because
Category: Criminal Procedure
1 So. 3d 324, 2009 Fla. App. LEXIS 418, 2009 WL 129345
District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 60224839
Published
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.800(a); Van Buren v. State, 500 So.2d 732 (Fla. 2d DCA
Category: Criminal Procedure
1 So. 3d 324, 2009 Fla. App. LEXIS 341, 34 Fla. L. Weekly Fed. D 206
District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 60224841
Published
the appellant’s filing of a facially sufficient rule 3.800(a) motion in the trial court.
DISMISSED.
HAWKES
Category: Criminal Procedure
999 So. 2d 1100, 2009 WL 47024
District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 2527423
Published
postconviction motion. While it is styled as a rule 3.800(a) motion, it is, in substance, a successive
Category: Criminal Procedure
999 So. 2d 1100, 2009 WL 47024
District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 2527423
Published
postconviction motion. While it is styled as a rule 3.800(a) motion, it is, in substance, a successive
Category: Criminal Procedure
998 So. 2d 675, 2009 WL 18697
District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1015307
Published
which he filed after the trial court denied a rule 3.800(a) motion. In his 3.800 motion, Phillips sought
Category: Criminal Procedure
999 So. 2d 729, 2008 Fla. App. LEXIS 20364, 2008 WL 5412198
District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 64857581
Published
2007. However, his claim is not cognizable by a Rule 3.800(a) motion because Jenkins is requesting credit
Category: Criminal Procedure
998 So. 2d 659, 2008 WL 5412025
District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1701659
Published
illegal sentences subject to correction under rule 3.800(a) because *660 the sentences were imposed pursuant
Category: Criminal Procedure
997 So. 2d 1168, 2008 WL 5156576
District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1379399
Published
an appeal from the denial of his unsuccessful Rule 3.800 claims in both circuit court cases and an appeal
Category: Criminal Procedure
995 So. 2d 1172, 2008 Fla. App. LEXIS 18483, 2008 WL 5156775
District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 64856946
Published
defendant appeals from the summary denial of his rule 3.800(a) motion, through which he presented a challenge
Category: Criminal Procedure
1 So. 3d 219, 2008 Fla. App. LEXIS 18377, 2008 WL 5100495
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1653395
Published
raise this issue "in a proper motion pursuant to rule 3.800(a) or rule 3.850." Cabrera v. State, 884 So.2d
Category: Criminal Procedure
1 So. 3d 219, 2008 Fla. App. LEXIS 18377, 2008 WL 5100495
District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1653395
Published
raise this issue "in a proper motion pursuant to rule 3.800(a) or rule 3.850." Cabrera v. State, 884 So.2d
Category: Criminal Procedure
997 So. 2d 1161, 2008 WL 5070271
District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1377229
Published
record, Carter was entitled to relief pursuant to rule 3.800(a)). Florida Rule of Criminal Procedure 3.800(a)
Category: Criminal Procedure
995 So. 2d 1104, 2008 Fla. App. LEXIS 17852, 2008 WL 4998943
District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 64856931
Published
appeal is being considered solely pursuant to rule 3.800(a). We affirm, without prejudice to appellant
Category: Criminal Procedure
993 So. 2d 1178, 2008 Fla. App. LEXIS 17235, 2008 WL 4820496
District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 64856349
Published
Maddox, appeals the trial court’s denial of his rule 3.800(a) motion seeking additional jail credit. The
Category: Criminal Procedure
992 So. 2d 918, 2008 Fla. App. LEXIS 16789, 2008 WL 4723602
District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 64855827
Published
Robinson appeals an order partially denying his Rule 3.800(a) motion to correct an illegal sentence in cases
Category: Criminal Procedure
992 So. 2d 912, 2008 WL 4682605
District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1388238
Published
(Fla. 2d DCA 2008) (reversing summary denial of rule 3.800(a) motion and directing court to vacate the VCC
Category: Criminal Procedure
992 So. 2d 914, 2008 WL 4682607
District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1391998
Published
to the sentence for the burglary.
Marshall's rule 3.800(a) motion alleged that the "HFO sentences" for
Category: Criminal Procedure
992 So. 2d 914, 2008 WL 4682607
District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1391998
Published
to the sentence for the burglary.
Marshall's rule 3.800(a) motion alleged that the "HFO sentences" for
Category: Criminal Procedure
995 So. 2d 1006, 2008 WL 4643786
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1169885
Published
sentencing order is not a claim cognizable under rule 3.800(a) which requires the claim of illegality to
Category: Criminal Procedure
995 So. 2d 1006, 2008 WL 4643786
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1169885
Published
sentencing order is not a claim cognizable under rule 3.800(a) which requires the claim of illegality to
Category: Criminal Procedure
993 So. 2d 110, 2008 WL 4629821
District Court of Appeal of Florida | Filed: Oct 21, 2008 | Docket: 1383007
Published
Appellee.
PER CURIAM.
The appellant has filed a rule 3.800(a) motion raising five claims. We affirm the
Category: Criminal Procedure
994 So. 2d 384, 2008 Fla. App. LEXIS 15920, 2008 WL 4568922
District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 64856729
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800 (providing that a court may correct an illegal *385sentence
Category: Criminal Procedure
991 So. 2d 444, 2008 WL 4568081
District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 124634
Published
court's September 19, 2007, ruling addressed Rule 3.800(c), not Rule 3.850, and, therefore, because the
Category: Criminal Procedure
991 So. 2d 444, 2008 WL 4568081
District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 124634
Published
court's September 19, 2007, ruling addressed Rule 3.800(c), not Rule 3.850, and, therefore, because the
Category: Criminal Procedure
993 So. 2d 1119, 2008 WL 4550329
District Court of Appeal of Florida | Filed: Oct 14, 2008 | Docket: 2554242
Published
Appellee.
PER CURIAM.
The appellant has filed a rule 3.800(a) motion raising several illegal sentence claims
Category: Criminal Procedure
995 So. 2d 992, 33 Fla. L. Weekly Fed. D 2371
District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 12197
Published
James Leon Johnson appeals the denial of his rule 3.800(a) motion to correct illegal sentence, complaining
Category: Criminal Procedure
993 So. 2d 1116, 2008 Fla. App. LEXIS 15399, 2008 WL 4489277
District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 64856330
Published
court lacked jurisdiction to con*1117sider a rule 3.800(a) motion while an appeal of the sentence was
Category: Criminal Procedure
990 So. 2d 1230, 2008 WL 4330023
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1687453
Published
given 177 days of jail credit. In an earlier rule 3.800(a) proceeding, he was given one extra day of
Category: Criminal Procedure
992 So. 2d 289, 2008 WL 4224471
District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 66111
Published
Reyes has raised a facially sufficient claim for Rule 3.800(a) relief. See State v. Mancino, 714 So.2d 429
Category: Criminal Procedure
989 So. 2d 1287, 2008 WL 4190670
District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 2586766
Published
evidence. On May 10, 2005, the appellant filed a rule 3.800(a) motion alleging that he should have been sentenced
Category: Criminal Procedure
990 So. 2d 658, 2008 Fla. App. LEXIS 13831, 2008 WL 4148989
District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 64855701
Published
certiorari seeking review of an order denying his rule 3.800(c) motion as untimely filed. The State agrees
Category: Criminal Procedure
989 So. 2d 732, 2008 WL 4066501
District Court of Appeal of Florida | Filed: Sep 4, 2008 | Docket: 1210581
Published
preserved either by contemporaneous objection or by rule 3.800(b) motion.
[2] Harvey II reversed Harvey I,
Category: Criminal Procedure
990 So. 2d 609, 2008 Fla. App. LEXIS 12671, 2008 WL 3914880
District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 64855695
Published
Ponton has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
988 So. 2d 1237, 2008 Fla. App. LEXIS 12485, 2008 WL 3876037
District Court of Appeal of Florida | Filed: Aug 22, 2008 | Docket: 64855573
Published
Deering appeals from the summary denial of his rule 3.800(a)1 motion to correct an illegal sentence. Deer-ing
Category: Criminal Procedure
988 So. 2d 1240, 2008 Fla. App. LEXIS 12478, 2008 WL 3876045
District Court of Appeal of Florida | Filed: Aug 22, 2008 | Docket: 64855575
Published
as a motion to correct illegal sentence under Rule 3.800. Because the record is not clear on whether the
Category: Criminal Procedure
995 So. 2d 544, 2008 WL 3165588
District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 2577583
Published
Sherwood, the Fourth District said that "[w]hile rule 3.800(a) permits an illegal sentence to be corrected
Category: Criminal Procedure
987 So. 2d 1232, 2008 Fla. App. LEXIS 11876, 2008 WL 3153736
District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 64855341
Published
issue for appellate review by timely filing a rule 3.800(b)(2) motion to correct sentencing error. However
Category: Criminal Procedure
987 So. 2d 782, 2008 WL 2908839
District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 585815
Published
one of fact, it is not the proper subject of a rule 3.800(a) motion, and by pleading to the charge appellant
Category: Criminal Procedure
987 So. 2d 177, 2008 Fla. App. LEXIS 11042, 2008 WL 2755221
District Court of Appeal of Florida | Filed: Jul 17, 2008 | Docket: 64855253
Published
construe *178the claim as if it were filed under rule 3.800(a). See Valdes v. State, 765 So.2d 774, 777 (Fla
Category: Criminal Procedure
985 So. 2d 708, 2008 WL 2725819
District Court of Appeal of Florida | Filed: Jul 15, 2008 | Docket: 2545292
Published
sentence which was properly preserved pursuant to a rule 3.800(b), Florida Rules of Criminal Procedure, motion
Category: Criminal Procedure
984 So. 2d 674, 2008 WL 2544050
District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 2569879
Published
Appellant seeks review of the denial of his rule 3.800(a) Motion to Correct Illegal Sentence, seeking
Category: Criminal Procedure
987 So. 2d 727, 2008 Fla. App. LEXIS 9427, 2008 WL 2512095
District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 64855288
Published
084(4)(e), Fla. Stat. (1989).
Appellant filed a rule 3.800(a) motion in the trial court seeking relief pursuant
Category: Criminal Procedure
984 So. 2d 1267, 2008 WL 2512469
District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 2564364
Published
trial court within 30 days a facially sufficient rule 3.800(a) motion indicating the portions (which may
Category: Criminal Procedure
985 So. 2d 1127, 2008 Fla. App. LEXIS 8102, 2008 WL 2261509
District Court of Appeal of Florida | Filed: Jun 4, 2008 | Docket: 64855192
Published
claims could have been raised in previously filed Rule 3.800(a) motions, and there is no time limit for seeking
Category: Criminal Procedure
982 So. 2d 1263, 2008 WL 2228900
District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 2563895
Published
raised at any time in a motion filed pursuant to rule 3.800(a), the motion must affirmatively allege that
Category: Criminal Procedure
981 So. 2d 683, 2008 Fla. App. LEXIS 7543, 2008 WL 2185439
District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 64854851
Published
review of a trial court’s order that denied his rule 3.800(a) motion. The state argued that Green’s motion
Category: Criminal Procedure
982 So. 2d 1202, 2008 WL 2116909
District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 2584265
Published
issuance of the mandate in this case. See Fla. R.Crim. P. 3.800(c).
STEVENSON, GROSS and MAY, JJ., concur
Category: Criminal Procedure
980 So. 2d 1284, 2008 Fla. App. LEXIS 6870, 2008 WL 2038412
District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 64854809
Published
court-made precedent requiring this additional step in rule 3.800 proceedings.
Unlike rule 3.850(d), which requires
Category: Criminal Procedure
981 So. 2d 582, 2008 WL 1986482
District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1515724
Published
Cokley appeals from the denial of his fifth Rule 3.800(a) motion to correct illegal sentence, challenging
Category: Criminal Procedure
981 So. 2d 582, 2008 WL 1986482
District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1515724
Published
Cokley appeals from the denial of his fifth Rule 3.800(a) motion to correct illegal sentence, challenging
Category: Criminal Procedure
984 So. 2d 546, 2008 WL 1912423
District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1288529
Published
DCA Sept. 6, 2007).
Hogan has also filed two rule 3.800(a) motions to correct illegal sentence, both
Category: Criminal Procedure
980 So. 2d 566, 2008 WL 1827489
District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1225423
Published
motion for jail credit filed by him pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
980 So. 2d 566, 2008 WL 1827489
District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1225423
Published
motion for jail credit filed by him pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
558 F. Supp. 2d 1233, 2008 U.S. Dist. LEXIS 27877, 2008 WL 927117
District Court, M.D. Florida | Filed: Apr 4, 2008 | Docket: 2395642
Published
motion to correct illegal sentence pursuant to Rule 3.800 of the Florida Rules of Criminal Procedure.[2]
Category: Criminal Procedure
978 So. 2d 231, 2008 WL 864037
District Court of Appeal of Florida | Filed: Apr 2, 2008 | Docket: 2561099
Published
PER CURIAM.
Andrew Tarr appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. His
Category: Criminal Procedure
976 So. 2d 1242, 2008 Fla. App. LEXIS 4372, 2008 WL 818873
District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 64854188
Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial judge denied relief, concluding
Category: Criminal Procedure
979 So. 2d 1062, 2008 Fla. App. LEXIS 4359, 2008 WL 782869
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854631
Published
sixty days after Powell was sentenced.
Under Rule 3.800(c), a motion to mitigate sentence is also timely
Category: Criminal Procedure
976 So. 2d 1189, 2008 Fla. App. LEXIS 3912, 2008 WL 731594
District Court of Appeal of Florida | Filed: Mar 20, 2008 | Docket: 64854180
Published
the trial court’s summary denial of Appellant’s rule 3.800(a) motion to correct illegal sentence, raising
Category: Criminal Procedure
976 So. 2d 668, 2008 WL 724021
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1680069
Published
Thus, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B); Jones v. State, 898 So.2d 209
Category: Criminal Procedure
977 So. 2d 701, 2008 WL 724217
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1138538
Published
PER CURIAM.
The trial court struck Riggins' rule 3.800(a) motion as moot, reasoning that he had already
Category: Criminal Procedure
976 So. 2d 667, 2008 WL 681341
District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 2559607
Published
motion to reduce or mitigate sentence pursuant to rule 3.800(c), an order which is not appealable. See Lancaster
Category: Criminal Procedure
975 So. 2d 1212, 2008 WL 611629
District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1727024
Published
J.
Burns appeals from a summary denial of his Rule 3.800(a)[1] motion to correct sentencing. We reverse
Category: Criminal Procedure
518 F.3d 878, 2008 U.S. App. LEXIS 4489, 2008 WL 553194
Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2008 | Docket: 65658675
Published
absent tolling. See 28 U.S.C. § 2244(d)(1).
B. Rule 3.800(c) Motion under Florida Law
On January 8, 2001
Category: Criminal Procedure
974 So. 2d 551, 2008 Fla. App. LEXIS 2023, 2008 WL 397503
District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 64853908
Published
Jr. [“defendant”], appeals the denial of his Rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
974 So. 2d 1132, 2008 WL 314287
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 2543564
Published
days, that he requested in his Rule 3.800 motion. See Fla. R.Crim. P. 3.800.
Affirmed.
Category: Criminal Procedure
973 So. 2d 658, 2008 WL 313147
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1293034
Published
is in custody under the Jimmy Ryce Act. In his Rule 3.800(a) motion, the defendant seeks to bring himself
Category: Criminal Procedure
976 So. 2d 43, 2008 Fla. App. LEXIS 1055, 2008 WL 268699
District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 64854008
Published
Following resentencing, Mr. Ayala filed a second rule 3.800(b) motion to correct sentence. Mr. Ayala argued
Category: Criminal Procedure
972 So. 2d 1097, 2008 WL 214723
District Court of Appeal of Florida | Filed: Jan 28, 2008 | Docket: 1055230
Published
appellant's rule 3.850 motion. However, appellant's rule 3.800(a) motion alleged that his sentence was calculated
Category: Criminal Procedure
972 So. 2d 310, 2008 WL 199903
District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 1650078
Published
In concluding such a claim is cognizable under rule 3.800(a), the Florida Supreme Court recently summarized
Category: Criminal Procedure
993 So. 2d 1030, 2008 Fla. App. LEXIS 774, 2008 WL 200321
District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 64856315
Published
Therefore, this claim may not be raised by a rule 3.800(a) motion. See Blocker v. State, 968 So.2d 686
Category: Criminal Procedure
973 So. 2d 619, 2008 Fla. App. LEXIS 740, 2008 WL 185513
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 64853698
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(c).
Category: Criminal Procedure
973 So. 2d 619
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2549353
Published
and SALTER, JJ.
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(c).
Category: Criminal Procedure
973 So. 2d 619, 2008 WL 185532
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2561997
Published
order denying without a hearing the defendant's Rule 3.800 motion to correct his sentence by vacating the
Category: Criminal Procedure
973 So. 2d 619, 2008 WL 185532
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2561997
Published
order denying without a hearing the defendant's Rule 3.800 motion to correct his sentence by vacating the
Category: Criminal Procedure
973 So. 2d 1200, 2008 WL 142091
District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1687923
Published
are expressly contemplated by rule 3.800(b)(1)(B). See Fla. R.Crim. P. 3.800(b)(2)(B) (requiring application
Category: Criminal Procedure
973 So. 2d 1192, 2008 Fla. App. LEXIS 417, 2008 WL 140802
District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853866
Published
to correct sentencing error in accordance with rule 3.800(b)(2) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
971 So. 2d 269, 2008 Fla. App. LEXIS 519, 2008 WL 59215
District Court of Appeal of Florida | Filed: Jan 7, 2008 | Docket: 64853521
Published
pronouncement of the sentence is cognizable in a Rule 3.800 motion to correct illegal sentence. See Williams
Category: Criminal Procedure
973 So. 2d 576, 2008 Fla. App. LEXIS 75, 2008 WL 53620
District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 64853688
Published
thereby constructively denying it. See Fla. R.Crim. P. 3.800(b)(1)(B) (“Within 60 days from the filing
Category: Criminal Procedure
970 So. 2d 921, 2007 WL 4561527
District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 2549509
Published
review by a timely post-sentencing motion under rule 3.800(b) and brought to this court's attention by appellate
Category: Criminal Procedure
971 So. 2d 950, 2007 WL 4482209
District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 2588480
Published
Florida Rule of Criminal Procedure 3.800(a). "Rule 3.800(a) is an improper vehicle to challenge the validity
Category: Criminal Procedure
971 So. 2d 949, 2007 Fla. App. LEXIS 20497, 2007 WL 4482206
District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 64853562
Published
Cruz has raised a facially sufficient claim for Rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
971 So. 2d 949, 2007 Fla. App. LEXIS 20497, 2007 WL 4482206
District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 64853562
Published
Cruz has raised a facially sufficient claim for Rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
523 F.3d 1291
Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2007 | Docket: 399051
Published
See
28 U.S.C. § 2244(d)(1).
B.Rule 3.800(c) Motion under Florida Law
On January
Category: Criminal Procedure
510 F.3d 1362, 2007 U.S. App. LEXIS 29528, 2007 WL 4462196
Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2007 | Docket: 65658595
Published
tolling. See 28 U.S.C. § 2244(d)(1).
*1364
B.Rule 3.800(c) Motion under Florida Law
On January 8, 2001
Category: Criminal Procedure
968 So. 2d 1048, 2007 WL 4206951
District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1373060
Published
the State's apparent failure to respond to the Rule 3.800(b) motion and the trial court's failure to rule
Category: Criminal Procedure
968 So. 2d 1050, 2007 WL 4207864
District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1153847
Published
CURIAM.
The order denying Appellant's fourth rule 3.800(a) motion to correct sentence is affirmed. On
Category: Criminal Procedure
969 So. 2d 1156, 2007 Fla. App. LEXIS 18570, 2007 WL 4126928
District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 64853325
Published
further review of appellant’s June 26, 2006, rule 3.800(a) motion. As the state recognizes, that motion
Category: Criminal Procedure
969 So. 2d 1158, 2007 Fla. App. LEXIS 18563, 2007 WL 4126775
District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 64853328
Published
seeks review of an order that disposed of his rule 3.800(a) motion. We remand for resentencing in connection
Category: Criminal Procedure
969 So. 2d 1146, 2007 Fla. App. LEXIS 18172, 2007 WL 3390940
District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 64853316
Published
involuntary. Neither of these claims is cognizable in a Rule 3.800(a) motion. See Hope v. State, 766 So.2d 343 (Fla
Category: Criminal Procedure
969 So. 2d 1127, 2007 Fla. App. LEXIS 18054, 2007 WL 3342187
District Court of Appeal of Florida | Filed: Nov 13, 2007 | Docket: 64853292
Published
contemporaneous objection or by motion filed pursuant to rule 3.800(b), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
969 So. 2d 1115, 2007 Fla. App. LEXIS 17720, 2007 WL 3274923
District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64853285
Published
PER CURIAM.
The summary denial of appellant’s rule 3.800(a) motion to correct illegal sentence is affirmed
Category: Criminal Procedure
969 So. 2d 1115, 2007 Fla. App. LEXIS 17720, 2007 WL 3274923
District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64853285
Published
PER CURIAM.
The summary denial of appellant’s rule 3.800(a) motion to correct illegal sentence is affirmed
Category: Criminal Procedure
967 So. 2d 1017, 2007 Fla. App. LEXIS 17252, 2007 WL 3170524
District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853019
Published
(Fla. 4th DCA 2006) (reversing the denial of a rule 3.800(a) motion because the order on appeal did not
Category: Criminal Procedure
969 So. 2d 423, 2007 Fla. App. LEXIS 17250, 2007 WL 3170670
District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853138
Published
the denial of Appellant’s motion pursuant to rule 3.800(a), Florida Rule of Criminal Procedure in which
Category: Criminal Procedure
968 So. 2d 632, 2007 Fla. App. LEXIS 16848, 2007 WL 3120456
District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 64853097
Published
order in accordance with its order granting the rule 3.800(b)(2) motion.
Affirmed but remanded for entry
Category: Criminal Procedure
966 So. 2d 1020, 2007 Fla. App. LEXIS 16466, 2007 WL 3033406
District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 64852731
Published
order denying his rule 3.800(a) motion seeking additional jail credit. Fla. R.Crim. P. 3.800(a). The State
Category: Criminal Procedure
965 So. 2d 1260, 2007 Fla. App. LEXIS 15672, 2007 WL 2891415
District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 64852630
Published
because his claim was not properly raised under rule 3.800(a). The trial court did, however, order that
Category: Criminal Procedure
968 So. 2d 52, 2007 WL 2848227
District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 2581928
Published
The defendant appeals an order dismissing his rule 3.800(a) motion as successive. He makes three arguments
Category: Criminal Procedure
965 So. 2d 846, 2007 WL 2808223
District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 416858
Published
to attach portions of the record refuting the rule 3.800(a) claim." Spears v. State, 920 So.2d 187 (Fla
Category: Criminal Procedure
965 So. 2d 356, 2007 Fla. App. LEXIS 15165, 2007 WL 2781142
District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 64852546
Published
Affirmed, without prejudice to appellant filing a rule 3.800(a) motion that alleges where in the record the
Category: Criminal Procedure
964 So. 2d 278, 2007 Fla. App. LEXIS 14701, 2007 WL 2736090
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 64852158
Published
motion for post conviction relief pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, the
Category: Criminal Procedure
964 So. 2d 278, 2007 Fla. App. LEXIS 14701, 2007 WL 2736090
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 64852158
Published
motion for post conviction relief pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, the
Category: Criminal Procedure
964 So. 2d 257, 2007 Fla. App. LEXIS 14391, 2007 WL 2682184
District Court of Appeal of Florida | Filed: Sep 14, 2007 | Docket: 64852153
Published
requests the court to correct his sentence under rule 3.800(a). Mr. Morrow’s claim is that the scoresheet
Category: Criminal Procedure
963 So. 2d 983, 2007 Fla. App. LEXIS 14310, 2007 WL 2609482
District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852069
Published
appeals from an order that summarily denied his rule 3.800(a) motion. The circuit court did not attach any
Category: Criminal Procedure
965 So. 2d 1192, 2007 Fla. App. LEXIS 14280, 2007 WL 2609513
District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852622
Published
belated appeal. The trial court’s order, denying rule 3.800(a) relief, is affirmed. See Henry v. State, 920
Category: Criminal Procedure
964 So. 2d 254, 2007 Fla. App. LEXIS 14314, 2007 WL 2609579
District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852148
Published
mitigation. The trial court treated the letter as a rule 3.800(c) motion and denied the motion on the merits
Category: Criminal Procedure
964 So. 2d 768, 2007 Fla. App. LEXIS 13877, 2007 WL 2480833
District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 64852418
Published
until appellant’s plea. Appellant filed this Rule 3.800(a) motion, alleging entitlement to credit for
Category: Criminal Procedure
964 So. 2d 765, 2007 Fla. App. LEXIS 13435, 2007 WL 2457431
District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 64852416
Published
of Williams’ originally stated claim.
In his rule 3.800(a) motion, Williams claims that his concurrent
Category: Criminal Procedure
963 So. 2d 350, 2007 Fla. App. LEXIS 13021, 2007 WL 2376696
District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 64851911
Published
an illegal sentence that may be corrected in a rule 3.800(a) motion. See Owen v. State, 864 So.2d 557 (Fla
Category: Criminal Procedure
961 So. 2d 1123, 2007 Fla. App. LEXIS 12196, 2007 WL 2254598
District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64851635
Published
designation may not be raised under rule 3.850 or rule 3.800(a)). In King, we held that a sexual predator
Category: Criminal Procedure
963 So. 2d 295, 2007 Fla. App. LEXIS 12221, 2007 WL 2254714
District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64851880
Published
1st DCA 2002).
Davis’s claim is cognizable in a rule 3.800(a) motion if the error can be determined from
Category: Criminal Procedure
963 So. 2d 283, 2007 Fla. App. LEXIS 11819, 2007 WL 2189128
District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851862
Published
Clarify.” The trial court treated the motion as a rule 3.800(c) motion and denied it on the merits. We dismiss
Category: Criminal Procedure
963 So. 2d 285, 2007 Fla. App. LEXIS 11796, 2007 WL 2189109
District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851866
Published
Within the sixty-day time limit, counsel filed a rule 3.800(c) motion to mitigate petitioner’s sentence seeking
Category: Criminal Procedure
963 So. 2d 802, 2007 Fla. App. LEXIS 11392, 2007 WL 2118995
District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 64852014
Published
Defendant appeals from a summary denial of his Rule 3.800(a) motion to correct illegal sentence. Defendant
Category: Criminal Procedure
959 So. 2d 1272, 2007 Fla. App. LEXIS 10661, 2007 WL 1988918
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 64851497
Published
sixty days and was thus deemed denied. Fla. R.Crim. P. 3.800(b)(2)B. The discrepancies in the judgment
Category: Criminal Procedure
959 So. 2d 1269, 2007 Fla. App. LEXIS 10529, 2007 WL 1946886
District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 64851492
Published
2006.1 He filed his rule 3.800(c) motion on February 9, 2007. Under rule 3.800(c), the trial court had
Category: Criminal Procedure
961 So. 2d 994, 2007 Fla. App. LEXIS 10377, 2007 WL 1930863
District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 64851591
Published
The lower court properly denied appellant’s rule 3.800(a) motion by applying the “could-have-been-imposed”
Category: Criminal Procedure
962 So. 2d 348, 2007 WL 1932979
District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 1174102
Published
of the trial court's denial of the appellant's Rule 3.800 motion. We find no merit as to appellant's first
Category: Criminal Procedure
959 So. 2d 1239, 2007 Fla. App. LEXIS 10202, 2007 WL 1827486
District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851481
Published
So.2d 452, 456 (Fla.2003); *1240see also Fla. R.Crim. P. 3.800(b), and § 958.04(2), Fla. Stat. (2001).
Category: Criminal Procedure
959 So. 2d 1238, 2007 WL 1789345
District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1128854
Published
When this court affirmed the denial of his third Rule 3.800(a) motion in 2003, we expressly warned Washington
Category: Criminal Procedure
959 So. 2d 1238, 2007 WL 1789345
District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1128854
Published
When this court affirmed the denial of his third Rule 3.800(a) motion in 2003, we expressly warned Washington
Category: Criminal Procedure
959 So. 2d 1238, 2007 Fla. App. LEXIS 9584
District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 64851480
Published
When this court affirmed the denial of his third Rule 3.800(a) motion in 2003, we expressly warned Washington
Category: Criminal Procedure
960 So. 2d 784, 2007 WL 1690620
District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 2569796
Published
Appellant has previously raised this *785 issue in a rule 3.800(a) motion, and we now write to make clear that
Category: Criminal Procedure
956 So. 2d 1261, 2007 Fla. App. LEXIS 8293, 2007 WL 1542608
District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 64850811
Published
even if appellant had preserved this issue in a rule 3.800(b)(2) motion, the record refutes this claim of
Category: Criminal Procedure
955 So. 2d 1230, 2007 Fla. App. LEXIS 7154, 2007 WL 1372947
District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64850577
Published
Appellant.
Appellant alleged in ground one of his rule 3.800(a) motion that he was improperly sentenced to
Category: Criminal Procedure
955 So. 2d 1227, 2007 Fla. App. LEXIS 7162, 2007 WL 1372629
District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64850575
Published
Hamner, 816 So.2d 810, 812 (Fla. 5th DCA 2002). Rule 3.800(b)(2) requires the motion to be filed before
Category: Criminal Procedure
957 So. 2d 73, 2007 WL 1342472
District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 2529484
Published
alleged scoresheet errors could not be raised in a rule 3.800(a) motion, because the sentence Taylor received
Category: Criminal Procedure
958 So. 2d 454, 2007 Fla. App. LEXIS 6788, 2007 WL 1296351
District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 64851012
Published
motion for reduction of sentence pursuant to rule 3.800(c) or a motion to withdraw his plea pursuant
Category: Criminal Procedure
958 So. 2d 442, 2007 Fla. App. LEXIS 6633, 2007 WL 1263502
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 64851007
Published
claims that appellate counsel should have filed a rule 3.800(b)(2) motion to preserve this error.1 We deny
Category: Criminal Procedure
958 So. 2d 442, 2007 Fla. App. LEXIS 6633, 2007 WL 1263502
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 64851007
Published
claims that appellate counsel should have filed a rule 3.800(b)(2) motion to preserve this error.1 We deny
Category: Criminal Procedure
975 So. 2d 460, 2007 WL 1266062
District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 275196
Published
mandate in this case to file a motion pursuant to rule 3.800(c), if he so desires.
ALTENBERND, NORTHCUTT,
Category: Criminal Procedure
958 So. 2d 961, 2007 Fla. App. LEXIS 6573, 2007 WL 1238619
District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 64851085
Published
insufficient when considered as a 3.800(a) motion. “Rule 3.800(a) is intended to permit the correction only
Category: Criminal Procedure
954 So. 2d 96, 2007 WL 1158215
District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 2550249
Published
Fred Wilkinson appeals the denial of his fourth rule 3.800(a) motion to correct illegal sentence.[1] In
Category: Criminal Procedure
953 So. 2d 751, 2007 Fla. App. LEXIS 5644, 2007 WL 1135642
District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 64850108
Published
his revocation and sentencing hearing.2 In his rule 3.800(b)(2) motion, filed April 12, 2006, Hawthorne
Category: Criminal Procedure
953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322
District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 64850097
Published
defendant has the right to appeal this denial of a rule 3.800(c) motion. This language is incorrect. There
Category: Criminal Procedure
954 So. 2d 653, 2007 Fla. App. LEXIS 4687, 2007 WL 935201
District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 64850281
Published
trial court denied the motion.
The denial of a rule 3.800(c) motion to mitigate is not appealable; however
Category: Criminal Procedure
953 So. 2d 40, 2007 Fla. App. LEXIS 4513, 2007 WL 909971
District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64849976
Published
CURIAM.
Antoine Museau appeals the denial of his rule 3.800(a) motion to correct illegal sentence. We affirm
Category: Criminal Procedure
952 So. 2d 598, 2007 WL 837172
District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 2582862
Published
assistance of appellate counsel for failing to file a rule 3.800(b)(2) motion to correct a sentencing error where
Category: Criminal Procedure
949 So. 2d 1209, 2007 Fla. App. LEXIS 3437, 2007 WL 704042
District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 64849545
Published
court found Dixon’s claim was not cognizable in a rule 3.800(a) motion because he did not allege his sentence
Category: Criminal Procedure
951 So. 2d 64, 2007 Fla. App. LEXIS 3431, 2007 WL 701023
District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 64849693
Published
review of the trial court’s summary denial of her rule 3.800(a) motion to correct illegal sentence. Because
Category: Criminal Procedure
951 So. 2d 45, 2007 Fla. App. LEXIS 3285, 2007 WL 671342
District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 64849685
Published
applicable rules and must be denied.
Edwards’ rule 3.800(a) motion was denied by order of October 17,
Category: Criminal Procedure
949 So. 2d 1186, 2007 Fla. App. LEXIS 3268, 2007 WL 649333
District Court of Appeal of Florida | Filed: Mar 6, 2007 | Docket: 64849538
Published
days after Appellant’s Rule 3.800(b)(2) motion was filed, in violation of Rule 3.800(b)(1)(B), Florida Rules
Category: Criminal Procedure
949 So. 2d 1141, 2007 Fla. App. LEXIS 2725, 2007 WL 597145
District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 64849521
Published
the appellant had raised this claim in a prior rule 3.800 motion. However, the trial court provided no
Category: Criminal Procedure
131 So. 3d 1, 2007 WL 516148, 2007 Fla. App. LEXIS 2355
District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 60237985
Published
2d 232 (Fla. 1st DCA 1989).
Appellant filed a rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
948 So. 2d 967, 2007 Fla. App. LEXIS 1959, 2007 WL 486552
District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 64849155
Published
the notice of appeal from the order denying the rule 3.800(a) motion in Case No. 48-1987-CF-6948 in the
Category: Criminal Procedure
948 So. 2d 896, 2007 Fla. App. LEXIS 1582, 2007 WL 419370
District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 64849132
Published
Johnson appeals the summary denial of his third rule 3.800(a) motion to correct an illegal sentence directed
Category: Criminal Procedure
949 So. 2d 196, 32 Fla. L. Weekly Supp. 78, 2007 Fla. LEXIS 241, 2007 WL 416102
Supreme Court of Florida | Filed: Feb 8, 2007 | Docket: 64849260
Published
a motion to correct an illegal sentence under rule 3.800(a) expressly state that the movant has the right
Category: Criminal Procedure
948 So. 2d 871, 2007 Fla. App. LEXIS 1465, 2007 WL 403496
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849125
Published
Michael Ojeda appeals from an order denying his rule 3.800 motion to correct an illegal sentence and his
Category: Criminal Procedure
949 So. 2d 1090, 2007 Fla. App. LEXIS 1475, 2007 WL 403281
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849502
Published
defendant has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
949 So. 2d 1086, 2007 Fla. App. LEXIS 1433, 2007 WL 397135
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849500
Published
it was raised in appellant’s first and second rule 3.800(a) motions, the denial of which we affirmed in
Category: Criminal Procedure
947 So. 2d 1252, 2007 WL 247893
District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 348166
Published
relief as if the motion had been filed under rule 3.800(a), Florida Rules of Criminal Procedure. Under
Category: Criminal Procedure
948 So. 2d 847, 2007 WL 247897
District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 881344
Published
robbery while wearing a mask. He asserts under rule 3.800(a) that his sentence is illegal because it was
Category: Criminal Procedure
947 So. 2d 1250, 2007 Fla. App. LEXIS 1072, 2007 WL 258157
District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64848797
Published
(Fla.1998) (holding that “rule 3.850 rather than rule 3.800(a) was the proper procedural vehicle for Mancino
Category: Criminal Procedure
946 So. 2d 1269, 2007 Fla. App. LEXIS 902, 2007 WL 188359
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848652
Published
2d 70, 71 (Fla. 2d DCA 2002) (holding that a rule 3.800(a) motion that does not allege that the court
Category: Criminal Procedure
946 So. 2d 1251, 2007 Fla. App. LEXIS 858, 2007 WL 187652
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848644
Published
conclude that the order denying relief pursuant to rule 3.800(a) was properly entered.
AFFIRMED.
PLEUS, C.J
Category: Criminal Procedure
947 So. 2d 1199, 2007 Fla. App. LEXIS 822, 2007 WL 173894
District Court of Appeal of Florida | Filed: Jan 25, 2007 | Docket: 64848773
Published
motion for postconviction relief. See also Fla. R.Crim. P. 3.800(b)(1)(B); 3.850(g). Consequently, when an
Category: Criminal Procedure
948 So. 2d 79, 2007 Fla. App. LEXIS 481
District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 64848833
Published
a trial court order that untimely rules on a rule 3.800(b) motion is a nullity). However, the trial court
Category: Criminal Procedure
946 So. 2d 1239, 2007 Fla. App. LEXIS 410, 2007 WL 101034
District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 64848633
Published
Affirmed, without prejudice to appellant filing a rule 3.800(a) motion that alleges where in the record the
Category: Criminal Procedure
946 So. 2d 622, 2007 Fla. App. LEXIS 170, 2007 WL 57827
District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848576
Published
imprisonment.
The trial court did not rule on the rule 3.800(b)(2) motion within sixty days, thus constructively
Category: Criminal Procedure
947 So. 2d 575, 2007 Fla. App. LEXIS 32, 2007 WL 5789
District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848703
Published
further proceedings.
The trial court denied the Rule 3.800 motion based upon the State’s response which
Category: Criminal Procedure
944 So. 2d 1255, 2006 Fla. App. LEXIS 21793, 2006 WL 3823120
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848344
Published
Daniels’ motion is facially insufficient. See Fla. R.Crim. P. 3.800(a); see also Stathas v. State, 852 So.2d
Category: Criminal Procedure
944 So. 2d 1248, 2006 WL 3813671
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1649530
Published
time, he is appealing the denial of his latest rule 3.800(a) motion, which raises three successive and
Category: Criminal Procedure
946 So. 2d 1203, 2006 Fla. App. LEXIS 21763, 2006 WL 3813706
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848621
Published
prejudice to raise the claimed sentencing error in a rule 3.800 proceeding.
AFFIRMED.
ORFINGER, LAWSON and EVANDER
Category: Criminal Procedure
946 So. 2d 101, 2006 Fla. App. LEXIS 21790, 2006 WL 3822471
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848520
Published
determine if postconviction relief is available under rule 3.800(a).” Wilson v. State, 913 So.2d 1277, 1279 (Fla
Category: Criminal Procedure
944 So. 2d 546, 2006 WL 3780742
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649929
Published
review. See § 924.051(3), Fla. Stat. (2004); Fla. R.Crim. P. 3.800(b). In any event, the record discloses enough
Category: Criminal Procedure
944 So. 2d 550, 2006 Fla. App. LEXIS 21585, 2006 WL 3780682
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 64848267
Published
Walker appeals from an order summarily denying his rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
947 So. 2d 550, 2006 Fla. App. LEXIS 21632, 2006 WL 3780637
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 64848699
Published
type of error that can be corrected pursuant to rule 3.800. Instead, appellant challenges the conditions
Category: Criminal Procedure
946 So. 2d 84, 2006 WL 3780809
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 2563779
Published
THE FLORIDA SUPREME COURT
PER CURIAM.
In his rule 3.800(a) motion to correct an illegal sentence, appellant
Category: Criminal Procedure
944 So. 2d 501, 2006 WL 3677935
District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 276903
Published
states that Shelton's defense counsel filed the rule 3.800(b) motion "on or about the 10th of June, 2003
Category: Criminal Procedure
944 So. 2d 1173, 2006 Fla. App. LEXIS 20854, 2006 WL 3678508
District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 64848325
Published
We review the summary denial of Appellant’s rule 3.800(a) motion. We reverse because the trial court
Category: Criminal Procedure
944 So. 2d 397, 2006 WL 2056825
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 125980
Published
CURIAM.
Wilbon appeals the denial of his unsworn rule 3.800(a) motion to correct illegal sentence which claims
Category: Criminal Procedure
944 So. 2d 488, 2006 Fla. App. LEXIS 20577, 2006 WL 3524290
District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 64848248
Published
of restitution beyond the sixty-day period in rule 3.800(c).”); Law v. State, 705 So.2d 632 (Fla. 5th
Category: Criminal Procedure
942 So. 2d 1029, 2006 WL 3498437
District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 2543660
Published
Robert Criswell appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. Criswell
Category: Criminal Procedure
943 So. 2d 293, 2006 WL 3421820
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 128357
Published
Benjamin Rodgers, appeals the denial of his rule 3.800(a) motion to correct illegal sentence. Rodgers
Category: Criminal Procedure
943 So. 2d 280, 2006 WL 3422356
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1526795
Published
Motion for Post Conviction Relief, pursuant to Rule 3.800(a), Fla. R.Crim. P., and this Court having reviewed
Category: Criminal Procedure
941 So. 2d 1243, 2006 Fla. App. LEXIS 19282, 2006 WL 3327849
District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64847825
Published
PER CURIAM.
In this rule 3.800(a) proceeding challenging Appellant’s habitual offender sentence, the
Category: Criminal Procedure
941 So. 2d 1232, 2006 Fla. App. LEXIS 19300, 2006 WL 3327588
District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64847823
Published
generally § 27.52(2)(a), Fla. Stat. (2004). In the rule 3.800(b)(2) motion, Soeldner argued that the fee should
Category: Criminal Procedure
941 So. 2d 593, 2006 Fla. App. LEXIS 19138, 2006 WL 3300361
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64847776
Published
objection was not raised until defendant filed a rule 3.800(b)(2) motion while the appeal was pending. That
Category: Criminal Procedure
941 So. 2d 1197, 2006 Fla. App. LEXIS 18596, 2006 WL 3207920
District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 64847810
Published
for second degree murder in at least two prior rule 3.800(a) motions to correct illegal sentence, as well
Category: Criminal Procedure
941 So. 2d 471, 2006 Fla. App. LEXIS 18322, 2006 WL 3077641
District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847741
Published
PER CURIAM.
The denial of appellant’s rule 3.800(a) motion to correct an illegal sentence filed in case
Category: Criminal Procedure
940 So. 2d 1215, 2006 Fla. App. LEXIS 18330, 2006 WL 3077617
District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847629
Published
. Wright preserved this argument by filing a rule 3.800(b) motion to correct sentence. The trial court
Category: Criminal Procedure
940 So. 2d 1215, 2006 Fla. App. LEXIS 18330, 2006 WL 3077617
District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847629
Published
. Wright preserved this argument by filing a rule 3.800(b) motion to correct sentence. The trial court
Category: Criminal Procedure
940 So. 2d 570, 2006 WL 3040669
District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 354094
Published
800(b)(2). Although the circuit court granted the rule 3.800(b)(2) motion, the court did not direct the preparation
Category: Criminal Procedure
942 So. 2d 923, 2006 Fla. App. LEXIS 17966, 2006 WL 3040751
District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 64848012
Published
We affirm in part and reverse in part.
In his rule 3.800(b)(2) motion, Mr. Agard asked the trial court
Category: Criminal Procedure
939 So. 2d 1170, 2006 Fla. App. LEXIS 17837, 2006 WL 3018057
District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847370
Published
Carter appeals from an order summarily denying his rule 3.800(a) motion. We reverse.
Carter entered a guilty
Category: Criminal Procedure
939 So. 2d 1159, 2006 Fla. App. LEXIS 17827, 2006 WL 3018154
District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847369
Published
weapon. He was duly sentenced and filed a timely rule 3.800(b)(2) motion to correct sentencing errors. Because
Category: Criminal Procedure
939 So. 2d 1158, 2006 Fla. App. LEXIS 17512, 2006 WL 2987115
District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 64847368
Published
Taylor’s right to file a facially sufficient rule 3.800(a) motion.
Affirmed.
CASANUEVA, STRINGER, and
Category: Criminal Procedure
939 So. 2d 1158, 2006 Fla. App. LEXIS 17512, 2006 WL 2987115
District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 64847368
Published
Taylor’s right to file a facially sufficient rule 3.800(a) motion.
Affirmed.
CASANUEVA, STRINGER, and
Category: Criminal Procedure
939 So. 2d 223, 2006 WL 2918787
District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 64847181
Published
James Harris appeals the denial of his sixth Rule 3.800(a) motion to correct an illegal habitualized
Category: Criminal Procedure
940 So. 2d 1190, 2006 WL 2872484
District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 2584300
Published
record reveals no order disposing of appellant's rule 3.800(a) motion of August 2005.
POLEN, FARMER and MAY
Category: Criminal Procedure
939 So. 2d 198, 2006 Fla. App. LEXIS 16619, 2006 WL 2844401
District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 64847167
Published
Mallon has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
939 So. 2d 198, 2006 Fla. App. LEXIS 16619, 2006 WL 2844401
District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 64847167
Published
Mallon has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily
Category: Criminal Procedure
939 So. 2d 173, 2006 Fla. App. LEXIS 16443, 2006 WL 2818518
District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 64847158
Published
prejudice to appellant seeking relief pursuant to rule 3.800(a), or to the administrative remedies available
Category: Criminal Procedure
937 So. 2d 1237, 2006 Fla. App. LEXIS 16456, 2006 WL 2738993
District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 64846894
Published
Glendon Michael Goelz appeals the denial of his rule 3.800(a) motion to correct an illegal sentence.
Pursuant
Category: Criminal Procedure
937 So. 2d 827, 2006 WL 2707438
District Court of Appeal of Florida | Filed: Sep 22, 2006 | Docket: 2546081
Published
and remand for further proceedings.
Brooks's rule 3.800(a) motion challenges the life sentence he received
Category: Criminal Procedure
939 So. 2d 145, 2006 Fla. App. LEXIS 15256, 2006 WL 2632297
District Court of Appeal of Florida | Filed: Sep 15, 2006 | Docket: 64847148
Published
armed robbery, appeals the denial of his latest rule 3.800(a) motion to correct illegal sentence. Once again
Category: Criminal Procedure
940 So. 2d 476, 2006 Fla. App. LEXIS 15258, 2006 WL 2632289
District Court of Appeal of Florida | Filed: Sep 15, 2006 | Docket: 64847481
Published
illegal sentence which was filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedures
Category: Criminal Procedure
940 So. 2d 476, 2006 Fla. App. LEXIS 15258, 2006 WL 2632289
District Court of Appeal of Florida | Filed: Sep 15, 2006 | Docket: 64847481
Published
illegal sentence which was filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedures
Category: Criminal Procedure
937 So. 2d 260, 2006 WL 2570853
District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 2526692
Published
concluding that such motions were not authorized under rule 3.800. While that was correct until recently, the rule
Category: Criminal Procedure
937 So. 2d 260, 2006 WL 2570853
District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 2526692
Published
concluding that such motions were not authorized under rule 3.800. While that was correct until recently, the rule
Category: Criminal Procedure
936 So. 2d 1202, 2006 Fla. App. LEXIS 14618, 2006 WL 2519592
District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 64846456
Published
not have jurisdiction to rule on his petition. Rule 3.800(a) specifically provides that a 3.800(a) motion
Category: Criminal Procedure
936 So. 2d 1202, 2006 Fla. App. LEXIS 14618, 2006 WL 2519592
District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 64846456
Published
not have jurisdiction to rule on his petition. Rule 3.800(a) specifically provides that a 3.800(a) motion
Category: Criminal Procedure
936 So. 2d 1172, 2006 Fla. App. LEXIS 14286, 2006 WL 2433314
District Court of Appeal of Florida | Filed: Aug 24, 2006 | Docket: 64846451
Published
scrivener’s error in the judgment). Appellant filed a rule 3.800(b)(2) motion seeking to have the sentencing documents
Category: Criminal Procedure
935 So. 2d 1278, 2006 Fla. App. LEXIS 14026, 2006 WL 2418969
District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846183
Published
PER CURIAM.
We affirm the denial of Kong’s rule 3.800(a) motion, without prejudice to the filing of
Category: Criminal Procedure
935 So. 2d 643, 2006 WL 2356143
District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1671083
Published
their face an entitlement to relief. See Fla. R.Crim. P. 3.800(a); Marshall v. State, 907 So.2d 682 (Fla
Category: Criminal Procedure
935 So. 2d 593, 2006 WL 2251818
District Court of Appeal of Florida | Filed: Aug 8, 2006 | Docket: 1295312
Published
fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing
Category: Criminal Procedure
935 So. 2d 89, 2006 Fla. App. LEXIS 13038, 2006 WL 2191302
District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 64845951
Published
C. Johnson appeals the summary denial of his rule 3.800(a) motion to correct sentence filed in Marion
Category: Criminal Procedure
934 So. 2d 664, 2006 Fla. App. LEXIS 13032, 2006 WL 2191970
District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 64845875
Published
imprisonment as a prison releasee reoffen-der. In his rule 3.800(a) motion, Staley claims his life sentence is
Category: Criminal Procedure
933 So. 2d 722, 2006 Fla. App. LEXIS 12357, 2006 WL 2056945
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64845750
Published
under rule 3.800(a), claiming an entitlement to an additional 193 days. Fla. R.Crim. P. 3.800(a). The
Category: Criminal Procedure
933 So. 2d 1262, 2006 WL 2060555
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 2584664
Published
is no proscription against filing successive rule 3.800(a) motions. As discussed in Pleasure v. State
Category: Criminal Procedure
933 So. 2d 1265, 2006 WL 2061345
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 2551073
Published
Sharkey failed to raise any claims cognizable under rule 3.800(a) and also denied relief pursuant to rule 3
Category: Criminal Procedure
933 So. 2d 1265, 2006 WL 2061345
District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 2551073
Published
Sharkey failed to raise any claims cognizable under rule 3.800(a) and also denied relief pursuant to rule 3
Category: Criminal Procedure
933 So. 2d 1250, 2006 WL 2008710
District Court of Appeal of Florida | Filed: Jul 20, 2006 | Docket: 2528178
Published
the trial court's summary denial of appellant's Rule 3.800(a) postconviction motion, appellant raises three
Category: Criminal Procedure
932 So. 2d 562, 2006 Fla. App. LEXIS 10657, 2006 WL 1751879
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64845604
Published
for mitigation of sentence filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure. “Such
Category: Criminal Procedure
933 So. 2d 627, 2006 Fla. App. LEXIS 10703, 2006 WL 1749905
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64845740
Published
court considered alternatively as one seeking rule 3.800(a) relief. This court’s affir-mance is without
Category: Criminal Procedure
932 So. 2d 533, 2006 WL 1687681
District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1285484
Published
DCA 2003).
As part of the defendant's current Rule 3.800(a) motion, he has reiterated his Heggs claim
Category: Criminal Procedure
931 So. 2d 208, 2006 Fla. App. LEXIS 9106, 2006 WL 1559755
District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 64845389
Published
the trial court’s order summarily denying his rule 3.800(a) motion to correct sentence.1 The record on
Category: Criminal Procedure
930 So. 2d 836, 2006 Fla. App. LEXIS 8931, 2006 WL 1540875
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64845221
Published
affirm the summary denial of the defendant’s rule 3.800(a) motion to correct illegal sentence. The defendant
Category: Criminal Procedure
930 So. 2d 832, 2006 Fla. App. LEXIS 8928, 2006 WL 1540909
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64845217
Published
prejudice for appellant to file a legally sufficient rule 3.800(a) motion or a rule 3.850 motion if the resolution
Category: Criminal Procedure
930 So. 2d 834, 2006 Fla. App. LEXIS 8945, 2006 WL 1541359
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64845220
Published
reversing the trial court’s dismissal of Harper’s rule 3.800(a) motion challenging the trial court’s retention
Category: Criminal Procedure
929 So. 2d 1189, 2006 Fla. App. LEXIS 8958, 2006 WL 1541026
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64844823
Published
(emphasis added).
As for the grounds of his initial rule 3.800(a) motion (to the extent they may be considered
Category: Criminal Procedure
929 So. 2d 1188, 2006 Fla. App. LEXIS 8926, 2006 WL 1541013
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64844822
Published
“could-have-been-imposed” standard would apply to a rule 3.800(a) motion).
TAYLOR and MAY, JJ., concur.
GROSS
Category: Criminal Procedure
933 So. 2d 577, 2006 Fla. App. LEXIS 8802, 2006 WL 1525882
District Court of Appeal of Florida | Filed: Jun 6, 2006 | Docket: 64845730
Published
dismiss this appeal for lack of jurisdiction. The rule 3.800(c) motion for reduction or modification of sentence
Category: Criminal Procedure
932 So. 2d 465, 2006 Fla. App. LEXIS 8578, 2006 WL 1470130
District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64845571
Published
PER CURIAM.
The denial of Bautz’s rule 3.800 motion to correct sentence is affirmed without prejudice
Category: Criminal Procedure
930 So. 2d 796, 2006 Fla. App. LEXIS 8703, 2006 WL 1468353
District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64845207
Published
fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing
Category: Criminal Procedure
928 So. 2d 1251, 2006 Fla. App. LEXIS 8113, 2006 WL 1409982
District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64844641
Published
claim was moot because Gould previously filed a rule 3.800(a) motion raising the same score-sheet errors
Category: Criminal Procedure
930 So. 2d 774, 2006 Fla. App. LEXIS 8003, 2006 WL 1374031
District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845200
Published
jurisdiction. See Fla. R.App.9.110(b); Fla. R.Crim. P. 3.800.
ALLEN, WOLF, and WEBSTER, JJ„ concur.
Category: Criminal Procedure
930 So. 2d 774, 2006 Fla. App. LEXIS 8003, 2006 WL 1374031
District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845200
Published
jurisdiction. See Fla. R.App.9.110(b); Fla. R.Crim. P. 3.800.
ALLEN, WOLF, and WEBSTER, JJ„ concur.
Category: Criminal Procedure
928 So. 2d 522, 2006 Fla. App. LEXIS 7851, 2006 WL 1360023
District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844592
Published
2d DCA 2002). This claim may be raised in a rule 3.800(a) motion. Id. at 271-72.
The postconviction
Category: Criminal Procedure
929 So. 2d 684, 2006 Fla. App. LEXIS 7874, 2006 WL 1360081
District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844737
Published
not have jurisdiction to rule on a defendant’s rule 3.800(a) motion filed during the pendency of his direct
Category: Criminal Procedure
929 So. 2d 56, 2006 Fla. App. LEXIS 7239, 2006 WL 1288954
District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64844657
Published
Robert Jiminez appeals the denial of his fourth rule 3.800(a) motion to correct illegal sentence.1 In this
Category: Criminal Procedure
927 So. 2d 1075, 2006 Fla. App. LEXIS 7263, 2006 WL 1300663
District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64844493
Published
Farmer an additional sixty days to file a new rule 3.800(c) motion. The court stated that no further extensions
Category: Criminal Procedure
944 So. 2d 1025, 2006 Fla. App. LEXIS 7259, 2006 WL 1301836
District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64848293
Published
required to grant postconviction relief pursuant to rule 3.800(a) unless the record conclusively demonstrates
Category: Criminal Procedure
932 So. 2d 431, 2006 Fla. App. LEXIS 7004, 2006 WL 1331505
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64845556
Published
Florida Rule of Criminal Procedure 3.800(b).” Rule 3.800(b) provides that a motion to correct a sentencing
Category: Criminal Procedure
927 So. 2d 1026, 2006 Fla. App. LEXIS 6691, 2006 WL 1168689
District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 64844482
Published
because, absent the trial court’s ruling on a rule 3.800(b)(2) motion, these errors were not preserved
Category: Criminal Procedure
927 So. 2d 194, 2006 Fla. App. LEXIS 6157, 2006 WL 1114988
District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 64844223
Published
to attach portions of the record refuting the rule 3.800(a) claim.”). If the postconviction court again
Category: Criminal Procedure
927 So. 2d 194, 2006 Fla. App. LEXIS 6157, 2006 WL 1114988
District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 64844223
Published
to attach portions of the record refuting the rule 3.800(a) claim.”). If the postconviction court again
Category: Criminal Procedure
925 So. 2d 1130, 2006 Fla. App. LEXIS 5457, 2006 WL 941820
District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 64843711
Published
The denial of the defendant, William D. Cosby’s Rule 3.800(a) motion is affirmed. The defendant has filed
Category: Criminal Procedure
924 So. 2d 987, 2006 Fla. App. LEXIS 5312, 2006 WL 931750
District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 64843293
Published
post-conviction court’s order summarily denying Mr. Heath’s rule 3.800(a) motion and remand for resentencing.
Reversed
Category: Criminal Procedure
924 So. 2d 971, 2006 Fla. App. LEXIS 5075, 2006 WL 932534
District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 64843292
Published
issue for appeal by the filing of a rule 3.800(b)(2) motion. Rule 3.800(b)(2) provides that a motion filed
Category: Criminal Procedure
924 So. 2d 970, 2006 Fla. App. LEXIS 5065, 2006 WL 932527
District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 64843290
Published
raised before the postconviction court in his rule 3.800(a) motion. However, this court cannot address
Category: Criminal Procedure
925 So. 2d 1105, 2006 Fla. App. LEXIS 4863, 2006 WL 1117961
District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843709
Published
prior to briefing in this appeal Lopez filed a rule 3.800(b)(2) motion challenging the legality of his
Category: Criminal Procedure
923 So. 2d 1252, 2006 Fla. App. LEXIS 4239, 2006 WL 740934
District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 64843074
Published
within sixty days, so it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B).
Conviction affirmed, cost stricken
Category: Criminal Procedure
923 So. 2d 555, 2006 Fla. App. LEXIS 3615, 2006 WL 625528
District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 64842981
Published
CURIAM.
Joel Walkes appeals the denial of his rule 3.800(a) motion to correct an illegal sentence, alleging
Category: Criminal Procedure
922 So. 2d 445, 2006 Fla. App. LEXIS 3446, 2006 WL 572176
District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 64842633
Published
trial court, on June 2, 2005, concluded that rule 3.800(a) was not available for such a challenge. Subsequently
Category: Criminal Procedure
920 So. 2d 1247, 2006 WL 435831
District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 2567877
Published
trial court's order which summarily denied his rule 3.800(a) motion seeking additional jail credit.[1]
Category: Criminal Procedure
920 So. 2d 1223, 2006 Fla. App. LEXIS 2323, 2006 WL 399447
District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842445
Published
order granting a motion to mitigate pursuant to rule 3.800(c), Florida Rules of Criminal Procedure. We reverse
Category: Criminal Procedure
920 So. 2d 1223, 2006 Fla. App. LEXIS 2323, 2006 WL 399447
District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842445
Published
order granting a motion to mitigate pursuant to rule 3.800(c), Florida Rules of Criminal Procedure. We reverse
Category: Criminal Procedure
920 So. 2d 197, 2006 Fla. App. LEXIS 1805, 2006 WL 335416
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842185
Published
possession of marijuana. Brown later filed a rule 3.800(a) motion asserting that the court improperly
Category: Criminal Procedure
920 So. 2d 197, 2006 Fla. App. LEXIS 1800, 2006 WL 335417
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842186
Published
motion was pending before this court and his rule 3.800(a) motion raised the same issue as the rule 3
Category: Criminal Procedure
920 So. 2d 197, 2006 Fla. App. LEXIS 1800, 2006 WL 335417
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842186
Published
motion was pending before this court and his rule 3.800(a) motion raised the same issue as the rule 3
Category: Criminal Procedure
920 So. 2d 719, 2006 Fla. App. LEXIS 2511, 2006 WL 437509
District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842342
Published
appeal from the denial of Gibson’s unrelated rule 3.800(a) motion was pending with this court. However
Category: Criminal Procedure
918 So. 2d 450, 2006 Fla. App. LEXIS 706, 2006 WL 167957
District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 64841783
Published
Cooper seeks review of an order that denied his rule 3.800(a) motion which challenged his habitual offender
Category: Criminal Procedure
920 So. 2d 129, 2006 Fla. App. LEXIS 704, 2006 WL 167982
District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 64842161
Published
Carter appeals the order summarily denying his rule 3.800(a) motion seeking to correct his Criminal Punishment
Category: Criminal Procedure
918 So. 2d 406, 2006 Fla. App. LEXIS 462, 2006 WL 140428
District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64841772
Published
“illegal” and can be challenged at any time in a rule 3.800(a) proceeding. State v. Mancino, 714 So.2d 429
Category: Criminal Procedure
918 So. 2d 406, 2006 Fla. App. LEXIS 462, 2006 WL 140428
District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64841772
Published
“illegal” and can be challenged at any time in a rule 3.800(a) proceeding. State v. Mancino, 714 So.2d 429
Category: Criminal Procedure
918 So. 2d 393, 2006 Fla. App. LEXIS 243, 2006 WL 88484
District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 64841764
Published
challenges the trial court’s dismissal of his rule 3.800(a) motion for lack of jurisdiction. The trial
Category: Criminal Procedure
917 So. 2d 1047, 2006 WL 64433
District Court of Appeal of Florida | Filed: Jan 13, 2006 | Docket: 448648
Published
the trial court's order denying his most recent rule 3.800 motion.[1] He again argues that his scoresheet
Category: Criminal Procedure
918 So. 2d 382, 2005 Fla. App. LEXIS 20378, 2005 WL 3556033
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 64841756
Published
consider challenges to sexual predator status under rule 3.800(a).
Affirmed in part, reversed in part, and remanded
Category: Criminal Procedure
918 So. 2d 382, 2005 Fla. App. LEXIS 20378, 2005 WL 3556033
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 64841756
Published
consider challenges to sexual predator status under rule 3.800(a).
Affirmed in part, reversed in part, and remanded
Category: Criminal Procedure
916 So. 2d 999, 2005 WL 3556027
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 2007081
Published
in part and reverse in part.
The trial court's rule 3.800(b)(2) order struck a $3 cost for the teen court
Category: Criminal Procedure
917 So. 2d 975, 2005 Fla. App. LEXIS 20232, 2005 WL 3535089
District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64841626
Published
as contained on page 13 of his petition for Rule 3.800 relief dated June 2, 2005.
Because the record
Category: Criminal Procedure
918 So. 2d 378, 2005 Fla. App. LEXIS 20254, 2005 WL 3535114
District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64841753
Published
designation could be challenged in a motion filed under rule 3.800(a). Accordingly, we reverse and remand for further
Category: Criminal Procedure
915 So. 2d 781, 2005 Fla. App. LEXIS 19713, 2005 WL 3408052
District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 64841093
Published
Rule of Criminal Procedure 3.850 rather than rule 3.800(a) is the proper procedural vehicle for Wright
Category: Criminal Procedure
917 So. 2d 919, 2005 Fla. App. LEXIS 19809, 2005 WL 3329644
District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 64841619
Published
this court to review the denial of his latest rule 3.800(a) motion. Once again, he is challenging his
Category: Criminal Procedure
916 So. 2d 47, 2005 Fla. App. LEXIS 19216, 2005 WL 3303469
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64841160
Published
appellant is not entitled to any relief. See Fla. R.Crim. P. 3.800(a).
Reversed and remanded for further proceedings
Category: Criminal Procedure
915 So. 2d 733, 2005 WL 3299875
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1310812
Published
timely under rule 3.800(b) and that it did not plead a basis for relief under rule 3.800(a). Mr. Curtis
Category: Criminal Procedure
916 So. 2d 47, 2005 Fla. App. LEXIS 19225, 2005 WL 3303714
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64841161
Published
believes he is entitled. As to the legal basis, Rule 3.800(a) has been amended to allow the court to correct
Category: Criminal Procedure
916 So. 2d 37, 2005 Fla. App. LEXIS 19595, 2005 WL 3299345
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64841156
Published
without prejudice to Jackson’s right to file a rule 3.800(a) motion raising his *38Hale1 challenge if he
Category: Criminal Procedure
914 So. 2d 532, 2005 Fla. App. LEXIS 18791, 2005 WL 3182324
District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840919
Published
Motion to Correct Illegal Sentence under Fla. R.Crim. P. 3.800, claiming that he did not receive proper
Category: Criminal Procedure
914 So. 2d 1075, 2005 Fla. App. LEXIS 18751, 2005 WL 3179982
District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840964
Published
“motion to accredit county jail time” pursuant to rule 3.800(a) alleging (1) entitlement to an additional
Category: Criminal Procedure
916 So. 2d 922, 2005 Fla. App. LEXIS 18514, 2005 WL 3116107
District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 64841410
Published
sufficient motion in the trial court. See Fla. R.Crim. P. 3.800(a) (requiring a 3.800(a) movant to affirmatively
Category: Criminal Procedure
914 So. 2d 513, 2005 Fla. App. LEXIS 18578, 2005 WL 3116104
District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 64840912
Published
motion to correct a sentencing error. See Fla. R.Crim. P. 3.800(b)(2). Costs cannot be assessed where the
Category: Criminal Procedure
914 So. 2d 531, 2005 Fla. App. LEXIS 18496, 2005 WL 3116231
District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 64840917
Published
County felony case, was without prejudice to file Rule 3.800(a) motion in the circuit court. When he filed
Category: Criminal Procedure
916 So. 2d 899, 2005 WL 3050949
District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1187555
Published
to consideration of Defendant's then-pending rule 3.800(a) motion, which the trial court indicated raised
Category: Criminal Procedure
913 So. 2d 1250, 2005 Fla. App. LEXIS 17944, 2005 WL 3050595
District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 64840836
Published
without further discussion.
Nelson filed a timely rule 3.800(b)(2) motion in which he challenged several costs
Category: Criminal Procedure
921 So. 2d 11, 2005 Fla. App. LEXIS 17194, 2005 WL 2863016
District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64842475
Published
the defendant’s claim is not cognizable under Rule 3.800(a), see Zafora v. State, 900 So.2d 675 (Fla.
Category: Criminal Procedure
913 So. 2d 731, 2005 Fla. App. LEXIS 17018, 2005 WL 2806399
District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 64840773
Published
William S. Brooks appeals the summary denial of his rule 3.800(a) motion for jail credit. He contends that he
Category: Criminal Procedure
912 So. 2d 384, 2005 WL 2655054
District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1755692
Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial court's untimely order
Category: Criminal Procedure
912 So. 2d 384, 2005 WL 2655054
District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1755692
Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial court's untimely order
Category: Criminal Procedure
914 So. 2d 22, 2005 Fla. App. LEXIS 15297, 2005 WL 2373920
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840860
Published
CURIAM.
Affirmed. With respect to the use of rule 3.800(a) as an avenue of relief, see Williams v. State
Category: Criminal Procedure
911 So. 2d 237, 2005 Fla. App. LEXIS 15316, 2005 WL 2372752
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840443
Published
reverse the trial court’s order denying Pope’s rule 3.800(a) motion and remand for entry of an order of
Category: Criminal Procedure
911 So. 2d 246, 2005 Fla. App. LEXIS 15315, 2005 WL 2373436
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840447
Published
it is moot because the sentence to which the [rule] 3.800 motion was directed has been vacated.”). On remand
Category: Criminal Procedure
910 So. 2d 901, 2005 Fla. App. LEXIS 14305, 2005 WL 2205624
District Court of Appeal of Florida | Filed: Sep 13, 2005 | Docket: 64840377
Published
appellant appeals the trial court’s dismissal of his rule 3.800(a) motion for lack of jurisdiction. The trial
Category: Criminal Procedure
909 So. 2d 601, 2005 Fla. App. LEXIS 13861, 2005 WL 2105371
District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840191
Published
due to the trial court’s inaction. See Fla. R.Crim. P. 3.800(b)(1)(B).
The trial court imposed concurrent
Category: Criminal Procedure
910 So. 2d 309, 2005 WL 2086045
District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1494496
Published
seeking immediate release, filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
909 So. 2d 478, 2005 WL 2030305
District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1663207
Published
by a motion to correct illegal sentence under Rule 3.800(a). See Gonzalez v. State, 897 So.2d 551 (Fla
Category: Criminal Procedure
909 So. 2d 399, 2005 Fla. App. LEXIS 12572, 2005 WL 1923560
District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64840131
Published
treat Wit-mer’s challenge of the denial of his rule 3.800(b)(1) motion as an appeal of the 2004 sentence
Category: Criminal Procedure
908 So. 2d 1133, 2005 Fla. App. LEXIS 12456, 2005 WL 1875706
District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 64840024
Published
motion to correct illegal sentence pursuant to Rule 3.800 of the Florida Rules of Criminal Procedure. We
Category: Criminal Procedure
908 So. 2d 1137, 2005 Fla. App. LEXIS 12461, 2005 WL 1876132
District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 64840027
Published
Braulio Hilario Perez appeals an order denying his Rule 3.800 motion to correct illegal sentence. Based on
Category: Criminal Procedure
910 So. 2d 874, 2005 Fla. App. LEXIS 12219, 2005 WL 1843268
District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840347
Published
01-CF-8377. Padilla’s counsel indicated in the rule 3.800(b) motion that he had been appointed “to review
Category: Criminal Procedure
909 So. 2d 389, 2005 Fla. App. LEXIS 12207, 2005 WL 1843292
District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840124
Published
sentence is currently pending before this court.
Rule 3.800(a) prohibits the filing of a motion to correct
Category: Criminal Procedure
907 So. 2d 689, 2005 Fla. App. LEXIS 13271, 2005 WL 1812682
District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64839700
Published
and from another order summarily dismissing his rule 3.800(a) motion to correct a sentencing error. On the
Category: Criminal Procedure
907 So. 2d 1265, 2005 Fla. App. LEXIS 12027, 2005 WL 1817955
District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64839769
Published
does not render the sentence “illegal” under Rule 3.800(a), and may only be raised in a motion for postconviction
Category: Criminal Procedure
906 So. 2d 1272, 2005 WL 1787554
District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 2570664
Published
(defendant) appeals the trial court's order denying his rule 3.800(a)[1] motion for jail time credit. We dismiss
Category: Criminal Procedure
906 So. 2d 1274, 2005 Fla. App. LEXIS 11841, 2005 WL 1787547
District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 64839647
Published
Appellant appeals the order striking his pro se rule 3.800(a) motion. The trial court struck the motion
Category: Criminal Procedure
907 So. 2d 646, 2005 Fla. App. LEXIS 11942, 2005 WL 1762178
District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839690
Published
was filed after more than sixty days. See Fla. R.Crim. P. 3.800(c).
Category: Criminal Procedure
908 So. 2d 542, 2005 Fla. App. LEXIS 11684, 2005 WL 1753807
District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839810
Published
court’s order denying a motion brought under rule 3.800(c) is generally not appealable”).
STEVENSON,
Category: Criminal Procedure
906 So. 2d 1193, 2005 Fla. App. LEXIS 11071, 2005 WL 1681403
District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839623
Published
and not successive.1 Defendant filed several Rule 3.800 motions attacking his sentence, and filed a motion
Category: Criminal Procedure
906 So. 2d 1200, 2005 Fla. App. LEXIS 11076, 2005 WL 1683339
District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839627
Published
does not render the sentence “illegal” under Rule 3.800(a), and may only be raised in a motion for postconviction
Category: Criminal Procedure
905 So. 2d 1036, 2005 Fla. App. LEXIS 10510, 2005 WL 1584459
District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 64839480
Published
motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. Mr.
Category: Criminal Procedure
905 So. 2d 985, 2005 Fla. App. LEXIS 10093, 2005 WL 1523418
District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64839462
Published
does not render the sentence “illegal” under Rule 3.800(a), and may only be raised in a motion for postconviction
Category: Criminal Procedure
905 So. 2d 985, 2005 Fla. App. LEXIS 10093, 2005 WL 1523418
District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64839462
Published
does not render the sentence “illegal” under Rule 3.800(a), and may only be raised in a motion for postconviction
Category: Criminal Procedure
905 So. 2d 960, 2005 Fla. App. LEXIS 9694, 2005 WL 1458281
District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839448
Published
the order denying appellant relief pursuant to rule 3.800, Florida Rule of Criminal Procedure. Although
Category: Criminal Procedure
905 So. 2d 248, 2005 Fla. App. LEXIS 9706, 2005 WL 1459393
District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839384
Published
to address issues that were not raised in the rule 3.800(a) motion filed with the trial court); Adams
Category: Criminal Procedure
903 So. 2d 320, 2005 Fla. App. LEXIS 8873, 2005 WL 1364556
District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 64838800
Published
as a motion for mitigation of sentence under Rule 3.800(c), and denied it as untimely. Although it is
Category: Criminal Procedure
903 So. 2d 302, 2005 Fla. App. LEXIS 8558, 2005 WL 1342505
District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 64838795
Published
render a sentence “illegal” for the purposes of a rule 3.800 petition; claim should have been raised via 3
Category: Criminal Procedure
902 So. 2d 898, 2005 Fla. App. LEXIS 8123, 2005 WL 1278826
District Court of Appeal of Florida | Filed: Jun 1, 2005 | Docket: 64838506
Published
reversed the trial court’s denial of appellant’s rule 3.800(a) motion to correct an illegal sentence and
Category: Criminal Procedure
902 So. 2d 349, 2005 Fla. App. LEXIS 8066, 2005 WL 1252291
District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838435
Published
sixty days after sentencing. If the motion were a Rule 3.800(c) motion, that would be correct. However, the
Category: Criminal Procedure
902 So. 2d 287, 2005 Fla. App. LEXIS 7868, 2005 WL 1225418
District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64838416
Published
authority in the two cases referenced by Parham’s rule 3.800(b)(2) motion: $2.00 for the Criminal Justice
Category: Criminal Procedure
904 So. 2d 505, 2005 Fla. App. LEXIS 7566, 2005 WL 1186313
District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 64839043
Published
imposed following the trial court’s grant of King’s rule 3.800(a)1 motion to correct an illegal sentence. Concluding
Category: Criminal Procedure
902 So. 2d 239, 2005 Fla. App. LEXIS 7223, 2005 WL 1162968
District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838406
Published
on this motion. In 2003, Moore filed a second Rule 3.800(a) motion, contending again that the court impermis-sibly
Category: Criminal Procedure
904 So. 2d 502, 2005 Fla. App. LEXIS 7282, 2005 WL 1162918
District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64839042
Published
the decision of the circuit court to treat the rule 3.800(a) motion as a petition for writ of mandamus
Category: Criminal Procedure
901 So. 2d 955, 2005 Fla. App. LEXIS 6638, 2005 WL 1047266
District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 64838105
Published
sentences more than 30 days after it had granted his rule 3.800(b)1 motion, and further that the trial court
Category: Criminal Procedure
934 So. 2d 500, 2005 Fla. App. LEXIS 6476, 2005 WL 1028181
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64845835
Published
Leonard McCrary appeals the summary denial of his Rule 3.800(a) motion for credit for time served. Based on
Category: Criminal Procedure
901 So. 2d 259, 2005 Fla. App. LEXIS 5952, 2005 WL 954541
District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64838009
Published
of sentencing error was preserved. See Fla. R.Crim. P. 3.800(b)(2).
Section 939.18(l)(b) requires the
Category: Criminal Procedure
900 So. 2d 706, 2005 Fla. App. LEXIS 5947, 2005 WL 954892
District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64837913
Published
to file a motion for jail credit pursuant to rule 3.800(a) as a result of the amended award of jail credit
Category: Criminal Procedure
899 So. 2d 508, 2005 Fla. App. LEXIS 5854, 2005 WL 937007
District Court of Appeal of Florida | Filed: Apr 25, 2005 | Docket: 64837675
Published
court is directed to rule on petitioner’s pending rule 3.800(a) motion which raised issues relating to the
Category: Criminal Procedure
899 So. 2d 1219, 2005 Fla. App. LEXIS 5460, 2005 WL 900597
District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837835
Published
issue by contemporaneously objecting or filing a rule 3.800(b) motion) with Robinson v. State, 757 So.2d
Category: Criminal Procedure
898 So. 2d 277, 2005 Fla. App. LEXIS 5230, 2005 WL 856070
District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837370
Published
Procedure 3.850 motion and contemporaneously filed rule 3.800(a) motion. We affirm the trial court’s denial
Category: Criminal Procedure
902 So. 2d 202, 2005 Fla. App. LEXIS 5063, 2005 WL 840384
District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64838391
Published
briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental
Category: Criminal Procedure
900 So. 2d 674, 2005 WL 840504
District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1315922
Published
Heggs opinion. We recently determined that a rule 3.800 motion alleging scoresheet errors under Heggs
Category: Criminal Procedure
898 So. 2d 1206, 2005 Fla. App. LEXIS 5072, 2005 WL 840465
District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64837476
Published
PER CURIAM.
Appellant appeals the denial of his rule 3.800 motion to correct a sentencing error. His argument
Category: Criminal Procedure
902 So. 2d 195, 2005 Fla. App. LEXIS 4715, 2005 WL 782807
District Court of Appeal of Florida | Filed: Apr 8, 2005 | Docket: 64838390
Published
However, such a claim is not cognizable under a rule 3.800(a) motion. See Judge v. State, 596 So.2d 73 (Fla
Category: Criminal Procedure
903 So. 2d 221, 2005 Fla. App. LEXIS 4323, 2005 WL 711711
District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64838750
Published
2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the
Category: Criminal Procedure
896 So. 2d 955, 2005 Fla. App. LEXIS 3542, 2005 WL 602638
District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64836896
Published
affirm the trial court’s denial of appellant’s rule 3.800(a) motion alleging that he was improperly sentenced
Category: Criminal Procedure
895 So. 2d 1275, 2005 Fla. App. LEXIS 3315, 2005 WL 563118
District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 64836582
Published
2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the
Category: Criminal Procedure
895 So. 2d 1257, 2005 Fla. App. LEXIS 2933, 2005 WL 525613
District Court of Appeal of Florida | Filed: Mar 8, 2005 | Docket: 64836569
Published
593 So.2d 308 (Fla. 1st DCA 1992)(holding that rule 3.800 does not authorize a motion for rehearing and
Category: Criminal Procedure
895 So. 2d 1209, 2005 Fla. App. LEXIS 2217, 30 Fla. L. Weekly Fed. D 562
District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 64836551
Published
Sherlock, appeals the orders dismissing his rule 3.800(a) motion in five cases as untimely. Contrary
Category: Criminal Procedure
893 So. 2d 713, 2005 Fla. App. LEXIS 2005, 2005 WL 415159
District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64836109
Published
dismissal before the trial court ruled on his rule 3.800(a) motion. Thus, the trial court should have
Category: Criminal Procedure
894 So. 2d 304, 2005 Fla. App. LEXIS 2019, 2005 WL 416001
District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64836192
Published
for post-conviction relief filed pursuant to Rule 3.800(a). The trial court denied the motion because
Category: Criminal Procedure
895 So. 2d 1171, 2005 Fla. App. LEXIS 1613, 2005 WL 357024
District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 64836537
Published
Motion to Correct Illegal Sentence pursuant to Rule 3.800, Fla. R.Crim. P. We affirm. See Burgal v. State
Category: Criminal Procedure
892 So. 2d 1231, 2005 Fla. App. LEXIS 1608, 2005 WL 357009
District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 64835876
Published
sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So.2d 618
Category: Criminal Procedure
905 So. 2d 159, 2005 WL 293005
District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1787091
Published
motion to correct illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure. We find
Category: Criminal Procedure
891 So. 2d 1197, 2005 Fla. App. LEXIS 957, 2005 WL 236016
District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64835685
Published
date Blakely was decided) may therefore not seek Rule 3.800 relief pursuant to Blakely. Appellant was convicted
Category: Criminal Procedure
894 So. 2d 1054, 2005 Fla. App. LEXIS 839, 2005 WL 225233
District Court of Appeal of Florida | Filed: Feb 1, 2005 | Docket: 64836259
Published
motion, and is therefore a nullity. See Fla. R.Crim. P. 3.800(b)(2); Hansell v. State, 879 So.2d 646,
Category: Criminal Procedure
890 So. 2d 1291, 2005 Fla. App. LEXIS 357, 2005 WL 120358
District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 64835430
Published
to counts ten and thirty-eight.
Ms. Sinclair’s rule 3.800(b) motion challenged the ten-year sentences imposed
Category: Criminal Procedure
895 So. 2d 440, 2005 Fla. App. LEXIS 262, 2005 WL 280344
District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64836427
Published
motion does not allege a sufficient claim under rule 3.800(a) because the sentences are facially legal;
Category: Criminal Procedure
891 So. 2d 1136, 2005 Fla. App. LEXIS 222, 2005 WL 94658
District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835651
Published
which the trial court properly treated as a rule 3.800(a) motion. A rule 3.850 motion would have been
Category: Criminal Procedure
890 So. 2d 553, 2005 Fla. App. LEXIS 182, 2005 WL 74111
District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 64835325
Published
Wayne McLeod appeals the summary denial of his Rule 3.800(a) motion, in which he contended that he should
Category: Criminal Procedure
890 So. 2d 513, 2005 Fla. App. LEXIS 2, 2005 WL 17429
District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 64835302
Published
proper because such claims are not cognizable in a rule 3.800(a) motion to correct an illegal sentence.
Affirmed
Category: Criminal Procedure
890 So. 2d 513, 2005 Fla. App. LEXIS 2, 2005 WL 17429
District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 64835302
Published
proper because such claims are not cognizable in a rule 3.800(a) motion to correct an illegal sentence.
Affirmed
Category: Criminal Procedure
912 So. 2d 586, 2004 Fla. App. LEXIS 20149, 2004 WL 3008879
District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64840627
Published
2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the
Category: Criminal Procedure
889 So. 2d 982, 2004 Fla. App. LEXIS 19665, 2004 WL 2952747
District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 64835182
Published
thus the motion is considered denied. See Fla. R.Crim. P.3.800(b)(l)(B), (b)(2)(B).
The defendant contends
Category: Criminal Procedure
889 So. 2d 211, 2004 Fla. App. LEXIS 19126, 2004 WL 2898119
District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64835002
Published
correctly, that relief was not properly sought under rule 3.800(a), which allows a trial court to correct an
Category: Criminal Procedure
889 So. 2d 174, 2004 Fla. App. LEXIS 19116, 2004 WL 2896472
District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64834996
Published
27 (Fla. 2d DCA 2004) (reversing denial of a rule 3.800(a) claim of scoresheet error and remanding for
Category: Criminal Procedure
890 So. 2d 316, 2004 Fla. App. LEXIS 18860, 2004 WL 2827252
District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835261
Published
1252 (Fla. 5th DCA 1988). Schiming then filed a rule 3.800(a) motion arguing that because this court reversed
Category: Criminal Procedure
891 So. 2d 572, 2004 Fla. App. LEXIS 18325, 2004 WL 3024810
District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64835465
Published
Second, the specific procedures required by rule 3.800(b)(2), which are intended to provide notice to
Category: Criminal Procedure
888 So. 2d 131, 2004 Fla. App. LEXIS 17894, 2004 WL 2729751
District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64834452
Published
respects the order summarily denying Mr. Padilla’s rule 3.800 motion to correct illegal sentence. However,
Category: Criminal Procedure
885 So. 2d 1041, 2004 WL 2599358
District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1685328
Published
filing, the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B); Jackson v. State, 793 So.2d 117
Category: Criminal Procedure
886 So. 2d 430, 2004 Fla. App. LEXIS 17328, 2004 WL 2599920
District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64834118
Published
(Fla. 2d DCA 2003) (affirming the denial of a rule 3.800(a) claim where the defendant failed to explain
Category: Criminal Procedure
890 So. 2d 282, 2004 Fla. App. LEXIS 17287, 2004 WL 2579737
District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 64835248
Published
designations are civil in nature; therefore, neither rule 3.800(a) nor 3.850 is available to a defendant to mount
Category: Criminal Procedure
886 So. 2d 286, 2004 Fla. App. LEXIS 17039, 2004 WL 2532998
District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834097
Published
trial court determined it should be treated as a Rule 3.800(a) motion. Having determined that “the paperwork
Category: Criminal Procedure
885 So. 2d 1036, 2004 Fla. App. LEXIS 16664, 2004 WL 2479795
District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64833907
Published
now appeals the summary denial of his latest Rule 3.800(a) motion to correct illegal sentence. We begin
Category: Criminal Procedure
888 So. 2d 79, 2004 Fla. App. LEXIS 16672, 2004 WL 2482419
District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64834435
Published
The defendant appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence.
Donald
Category: Criminal Procedure
892 So. 2d 1069, 2004 Fla. App. LEXIS 15140, 2004 WL 2308986
District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 64835807
Published
own motion and without the State having filed a rule 3.800(a) motion raising this claim, the *1070trial
Category: Criminal Procedure
892 So. 2d 1070, 2004 Fla. App. LEXIS 15146, 2004 WL 2309059
District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 64835808
Published
Joseph Wildeson appeals the summary denial of his rule 3.800(a) motions for jail credit. In denying the claims
Category: Criminal Procedure
886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209
Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033
Published
regular-cycle proposals, a proposed amendment to rule 3.800 (Correction, Reduction, and Modification of Sentences)
Category: Criminal Procedure
882 So. 2d 510, 2004 Fla. App. LEXIS 13881, 2004 WL 2099943
District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832576
Published
on it within sixty days of filing. See Fla. R.Crim. P. 3.800(b)(2). The filing of the motion preserved
Category: Criminal Procedure
882 So. 2d 491, 2004 Fla. App. LEXIS 13761, 2004 WL 2071188
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832565
Published
Appellant to file a legally sufficient motion under Rule 3.800(a). See Rose v. State, 871 So.2d 1044 (Fla. 5th
Category: Criminal Procedure
884 So. 2d 381, 2004 Fla. App. LEXIS 13444, 2004 WL 2008268
District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 64833492
Published
however, that Butler’s argument is cognizable under rule 3.800(a). See Tinker v. State, 870 So.2d 79 (Fla. 2d
Category: Criminal Procedure
882 So. 2d 439, 2004 Fla. App. LEXIS 12844, 2004 WL 2072970
District Court of Appeal of Florida | Filed: Aug 31, 2004 | Docket: 64832542
Published
motion for rehearing of an order disposing of a rule 3.800 motion to correct illegal sentence and, therefore
Category: Criminal Procedure
881 So. 2d 41, 2004 Fla. App. LEXIS 12107, 2004 WL 1836109
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64832369
Published
motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(1)(B) (stating that motion to correct
Category: Criminal Procedure
881 So. 2d 41, 2004 Fla. App. LEXIS 12087, 2004 WL 1836133
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64832368
Published
appeals the trial court’s summary denial of his rule 3.800(a) motion to correct illegal sentence. The appellant
Category: Criminal Procedure
881 So. 2d 41, 2004 Fla. App. LEXIS 12087, 2004 WL 1836133
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64832368
Published
appeals the trial court’s summary denial of his rule 3.800(a) motion to correct illegal sentence. The appellant
Category: Criminal Procedure
884 So. 2d 302, 2004 Fla. App. LEXIS 12129, 2004 WL 1837890
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64833477
Published
CURIAM.
Bentley appeals the summary denial of his rule 3.800(a) motion which sought additional jail credit
Category: Criminal Procedure
881 So. 2d 36, 2004 Fla. App. LEXIS 11793, 2004 WL 1799767
District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64832360
Published
to the trial court’s denial of the Appellant’s rule 3.800(b) Motion to Correct Illegal Sentence, the sentence
Category: Criminal Procedure
882 So. 2d 409, 2004 Fla. App. LEXIS 12229, 2004 WL 2086304
District Court of Appeal of Florida | Filed: Aug 10, 2004 | Docket: 64832518
Published
State, 831 So.2d 137 (Fla.2002) (holding that Rule 3.800(a) motion is limited to issues which can be resolved
Category: Criminal Procedure
882 So. 2d 408, 2004 Fla. App. LEXIS 11446, 2004 WL 1737478
District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832517
Published
Florida Rules of Criminal Procedure.... ” Under Rule 3.800(c) a defendant only has sixty days to file a
Category: Criminal Procedure
877 So. 2d 858, 2004 Fla. App. LEXIS 10091, 2004 WL 1530931
District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 64831846
Published
what the trial court properly deemed to be a rule 3.800(a) motion to correct illegal sentence.1 He challenges
Category: Criminal Procedure
876 So. 2d 682, 2004 Fla. App. LEXIS 10183, 2004 WL 1396326
District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831367
Published
Motion to Correct Illegal Sentence. See Fla. R.Crim. P. 3.800(a). Based on the State’s proper confession
Category: Criminal Procedure
874 So. 2d 1282, 2004 Fla. App. LEXIS 8909, 2004 WL 1362160
District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 64831051
Published
The appellant appeals the summary denial of his rule 3.800 motion, in which he alleges that his sentence
Category: Criminal Procedure
875 So. 2d 764, 2004 Fla. App. LEXIS 8373, 2004 WL 1354364
District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64831127
Published
requirement for verification for a Rule 3.800 motion. See Fla. R.Crim. P. 3.800(a); Raley v. State, 675 So.2d
Category: Criminal Procedure
874 So. 2d 737, 2004 Fla. App. LEXIS 8377, 2004 WL 1335722
District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64830970
Published
it is deemed to have been denied. See Fla. R.Crim. P. 3.800(b)(1)(B).
The state concedes error. This
Category: Criminal Procedure
873 So. 2d 600, 2004 Fla. App. LEXIS 7547, 2004 WL 1175157
District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 64830718
Published
attention either at sentencing or pursuant to a Rule 3.800(b) motion. See White v. State, 868 So.2d 664
Category: Criminal Procedure
874 So. 2d 47, 2004 Fla. App. LEXIS 6593, 2004 WL 1057850
District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830815
Published
PER CURIAM.
The order denying Defendant’s rule 3.800(a) motion to correct illegal sentence is affirmed
Category: Criminal Procedure
871 So. 2d 1044, 2004 Fla. App. LEXIS 6440, 2004 WL 1057809
District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 64830139
Published
Rose, Jr., appeals the summary denial of his rule 3.800(a) motion seeking additional jail time credit
Category: Criminal Procedure
871 So. 2d 301, 2004 WL 825471
District Court of Appeal of Florida | Filed: Apr 19, 2004 | Docket: 1300584
Published
January 18, 2002, the appellant filed a second rule 3.800(a) motion again alleging that he was entitled
Category: Criminal Procedure
872 So. 2d 342, 2004 Fla. App. LEXIS 5248, 2004 WL 813296
District Court of Appeal of Florida | Filed: Apr 16, 2004 | Docket: 64830192
Published
Florida Rule of Criminal Procedure 3.850 and not rule 3.800(a). See Hubbard v. State, 773 So.2d 87 (Fla.
Category: Criminal Procedure
869 So. 2d 775, 2004 Fla. App. LEXIS 5241, 2004 WL 813185
District Court of Appeal of Florida | Filed: Apr 16, 2004 | Docket: 64829212
Published
correct an illegal sentence brought pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Appellant
Category: Criminal Procedure
868 So. 2d 681, 2004 Fla. App. LEXIS 4473, 2004 WL 626269
District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64829023
Published
motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a); Andrews v. State, 822 So.2d 540, 541
Category: Criminal Procedure
868 So. 2d 675, 2004 Fla. App. LEXIS 4075, 2004 WL 624973
District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64829012
Published
claim cognizable in a motion filed pursuant to rule 3.800. See Ashley v. State, 850 So.2d 1265 (Fla.2003);
Category: Criminal Procedure
867 So. 2d 1276, 2004 Fla. App. LEXIS 3760, 2004 WL 574440
District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64828899
Published
appellant moved to correct his sentence pursuant to rule 3.800(b)(1), Florida Rules of Criminal Procedure, but
Category: Criminal Procedure
867 So. 2d 1276, 2004 Fla. App. LEXIS 3760, 2004 WL 574440
District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64828899
Published
appellant moved to correct his sentence pursuant to rule 3.800(b)(1), Florida Rules of Criminal Procedure, but
Category: Criminal Procedure
867 So. 2d 1274, 2004 Fla. App. LEXIS 3763, 2004 WL 574319
District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64828896
Published
days, so the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B).
Section 812.025, Florida Statutes
Category: Criminal Procedure
868 So. 2d 1249, 2004 Fla. App. LEXIS 3737, 2004 WL 573959
District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64829076
Published
of his ease is not cognizable by motion under rule 3.800(a).
STONE, POLEN and STEVENSON, JJ., concur.
Category: Criminal Procedure
868 So. 2d 1234, 2004 Fla. App. LEXIS 3600, 2004 WL 555243
District Court of Appeal of Florida | Filed: Mar 23, 2004 | Docket: 64829067
Published
On September 28, 2003, the appellant filed a rule 3.800(a) motion alleging that his sentences are illegal
Category: Criminal Procedure
868 So. 2d 1233, 2004 Fla. App. LEXIS 3524, 2004 WL 546918
District Court of Appeal of Florida | Filed: Mar 22, 2004 | Docket: 64829065
Published
motion for rehearing of an order disposing of a rule 3.800(a) motion to correct illegal sentence; thus,
Category: Criminal Procedure
867 So. 2d 649, 2004 Fla. App. LEXIS 3506
District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 64828696
Published
the trial court’s order summarily denying his Rule 3.800(a) motion, his fourth such motion.1 The trial
Category: Criminal Procedure
868 So. 2d 647, 2004 Fla. App. LEXIS 3511, 2004 WL 535092
District Court of Appeal of Florida | Filed: Mar 18, 2004 | Docket: 64828993
Published
Motion to Correct Sentencing Error, pursuant to rule 3.800(b)(2). The trial court scheduled a hearing on
Category: Criminal Procedure
867 So. 2d 1218, 2004 Fla. App. LEXIS 2931, 2004 WL 438612
District Court of Appeal of Florida | Filed: Mar 11, 2004 | Docket: 64828873
Published
CURIAM.
On April 3, 2003, the appellant filed a rule 3.800(a) motion alleging that the trial court lacked
Category: Criminal Procedure
869 So. 2d 41, 2004 Fla. App. LEXIS 2574, 2004 WL 385029
District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64829106
Published
he could raise sentencing issues pursuant to rule 3.800(a). When this court granted that request, Perry’s
Category: Criminal Procedure
865 So. 2d 687, 2004 Fla. App. LEXIS 1817, 2004 WL 314481
District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 64828097
Published
State, 767 So.2d 1225 (Fla. 5th DCA 2000) (1st rule 3.800(a) motion denied); Thompson v. State, 782 So
Category: Criminal Procedure
866 So. 2d 760, 2004 Fla. App. LEXIS 1676, 2004 WL 332756
District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 64828361
Published
court’s oral pronouncement cannot be raised in a rule 3.800(a) motion).
POLEN, SHAHOOD and MAY, JJ., concur
Category: Criminal Procedure
867 So. 2d 437, 2004 Fla. App. LEXIS 926, 2004 WL 231141
District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828603
Published
desired, in a proper rule 3.800 motion to correct illegal sentence. See Fla. R.Crim. P. 3.800.
STONE, STEVENSON
Category: Criminal Procedure
867 So. 2d 445, 2004 Fla. App. LEXIS 936, 2004 WL 231266
District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828614
Published
without prejudice to appellant’s right to refile a rule 3.800(a) motion raising his claim of entitlement to
Category: Criminal Procedure
864 So. 2d 574, 2004 Fla. App. LEXIS 771, 2004 WL 177114
District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 64827673
Published
file á facially sufficient motion pursuant to rule 3.800(a).
AFFIRMED.
SAWAYA, C.J., and PLEUS, J., concur
Category: Criminal Procedure
863 So. 2d 1283, 2004 Fla. App. LEXIS 647, 2004 WL 136372
District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827591
Published
as to amount of jail credit, pursuant to Fla. R.Crim. P. 3.800(a). We affirm in part and reverse in part
Category: Criminal Procedure
864 So. 2d 1227, 2004 Fla. App. LEXIS 634, 2004 WL 131483
District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827853
Published
PER CURIAM.
We affirm the order denying rule 3.800(a) relief, without prejudice to appellant seeking
Category: Criminal Procedure
864 So. 2d 1227, 2004 Fla. App. LEXIS 634, 2004 WL 131483
District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827853
Published
PER CURIAM.
We affirm the order denying rule 3.800(a) relief, without prejudice to appellant seeking
Category: Criminal Procedure
861 So. 2d 108, 2003 WL 23005810
District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64826961
Published
not charged. After consideration of appellant’s rule 3.800(b)(2) motion, the trial court reimposed the previous
Category: Criminal Procedure
867 So. 2d 406, 2003 Fla. App. LEXIS 18684, 2003 WL 22880370
District Court of Appeal of Florida | Filed: Dec 8, 2003 | Docket: 64828596
Published
during the sentencing hearing or in his subsequent rule 3.800(b)(2) motion, this issue is not preserved for
Category: Criminal Procedure
860 So. 2d 518, 2003 Fla. App. LEXIS 18363, 28 Fla. L. Weekly Fed. D 2771
District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64826615
Published
promising him that the sentence could be reduced by a rule 3.800(c) motion. Such a motion was filed and denied
Category: Criminal Procedure
870 So. 2d 59, 2003 Fla. App. LEXIS 16955, 2003 WL 22514513
District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 64829606
Published
filing a motion to correct sentence pursuant to rule 3.800(b)(2). The circuit court denied Ms. Smiley’s
Category: Criminal Procedure
858 So. 2d 386, 2003 Fla. App. LEXIS 16699, 2003 WL 22495005
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64826224
Published
Arthur Smith appeals from an order striking his Rule 3.800 motion for lack of jurisdiction. We reverse.
Category: Criminal Procedure
860 So. 2d 1002, 2003 Fla. App. LEXIS 16775, 2003 WL 22492195
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64826730
Published
affirm the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence, as the
Category: Criminal Procedure
859 So. 2d 539, 2003 Fla. App. LEXIS 16770, 2003 WL 22494507
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64826475
Published
sought. This is regarded as a fatal flaw in a rule 3.800(a) motion for credit. See Milne v. State, 807
Category: Criminal Procedure
859 So. 2d 539, 2003 Fla. App. LEXIS 16773, 2003 WL 22494702
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64826474
Published
without prejudice to appellant’s right to refile a rule 3.800(a) motion raising his claim of entitlement to
Category: Criminal Procedure
858 So. 2d 1122, 2003 Fla. App. LEXIS 16516, 2003 WL 22459263
District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 64826394
Published
misunderstood.
The motion before us was filed pursuant to rule 3.800(a) seeking resolution of a purely legal issue
Category: Criminal Procedure
858 So. 2d 1118, 2003 Fla. App. LEXIS 16181, 2003 WL 22447297
District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64826392
Published
felony convictions identified in appellant’s rule 3.800(a) motion. Guion v. State, 828 So.2d 393 (Fla
Category: Criminal Procedure
857 So. 2d 964, 2003 Fla. App. LEXIS 16039, 2003 WL 22415366
District Court of Appeal of Florida | Filed: Oct 24, 2003 | Docket: 64826137
Published
court’s opinion and order, appellant filed a rule 3.800(a) motion alleging that his sentence is illegal
Category: Criminal Procedure
855 So. 2d 674, 2003 Fla. App. LEXIS 14355, 2003 WL 22195223
District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64825546
Published
affirm the trial court’s denial of Kenneth Harris’ rule 3.800(a) motion, but remand for correction of the scoresheet
Category: Criminal Procedure
855 So. 2d 193, 2003 Fla. App. LEXIS 13775, 2003 WL 22103220
District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64825245
Published
the appeal was dismissed.
Ferguson then filed a rule 3.800(a) motion, claiming that his sentences violated
Category: Criminal Procedure
853 So. 2d 1120, 2003 WL 22103016
District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1660199
Published
PER CURIAM.
We affirm the denial of Appellant's rule 3.800(a) motion to correct illegal sentence. We base
Category: Criminal Procedure
852 So. 2d 364, 2003 Fla. App. LEXIS 12209, 2003 WL 21946399
District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 64824386
Published
[“Sanders”] appeals the summary denial of this third Rule 3.800(a) motion to correct an illegal sentence. Sanders
Category: Criminal Procedure
852 So. 2d 371, 2003 Fla. App. LEXIS 12208, 2003 WL 21946711
District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 64824388
Published
PER CURIAM.
The order denying the defendant’s Rule 3.800(a) motion to correct an illegal sentence is reversed
Category: Criminal Procedure
851 So. 2d 873, 2003 Fla. App. LEXIS 12112
District Court of Appeal of Florida | Filed: Aug 12, 2003 | Docket: 64824286
Published
As to the trial court’s denial of appellant’s rule 3.800(b)(2) motion, we reverse the sentences in case
Category: Criminal Procedure
851 So. 2d 865, 2003 Fla. App. LEXIS 11798, 2003 WL 21821005
District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 64824284
Published
term under the drug trafficking statute. In his rule 3.800(a) motion, Escobedo claimed that his sentence
Category: Criminal Procedure
851 So. 2d 804, 2003 Fla. App. LEXIS 11411, 2003 WL 21748869
District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824272
Published
file a facially sufficient motion pursuant to rule 3.800 regarding that sentence.
Affirmed.
STRINGER and
Category: Criminal Procedure
849 So. 2d 1126, 2003 Fla. App. LEXIS 10818, 2003 WL 21658288
District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 64824040
Published
trial court’s order summarily denying appellant’s rule 3.800(a) motion to correct illegal sentence.
STONE
Category: Criminal Procedure
848 So. 2d 391, 2003 Fla. App. LEXIS 9248, 2003 WL 21414807
District Court of Appeal of Florida | Filed: Jun 20, 2003 | Docket: 64823761
Published
[he] might have to file a facially sufficient rule 3.800(a) motion ... seeking jail credit from the date
Category: Criminal Procedure
846 So. 2d 1201, 2003 Fla. App. LEXIS 8245, 2003 WL 21276663
District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823283
Published
filing or the motion is deemed denied. Fla. R. Crim P. 3.800(b). Once the sixty days has passed with
Category: Criminal Procedure
846 So. 2d 1200, 2003 Fla. App. LEXIS 8254, 2003 WL 21275125
District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823281
Published
mandatory term.
As a result of the successful rule 3.800(b)(2) motion, Hall’s counsel filed a brief pursuant
Category: Criminal Procedure
845 So. 2d 1010, 2003 Fla. App. LEXIS 7558, 2003 WL 21203395
District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 64822946
Published
3.800(a), seeking to correct his sentence. A Rule 3.800(a) motion is a proper vehicle to use to correct
Category: Criminal Procedure
845 So. 2d 963, 2003 Fla. App. LEXIS 7122, 2003 WL 21087143
District Court of Appeal of Florida | Filed: May 15, 2003 | Docket: 64822935
Published
his post-conviction motion pursuant to Fla. R.Crim. P. 3.800 and/or 3.850 alleging several claims, one
Category: Criminal Procedure
843 So. 2d 1041, 2003 WL 21031973
District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1670418
Published
ruled on his motion, it is presumed denied. Fla. R.Crim. P. 3.800(b)(1)(B). Therefore, Swiggum has preserved
Category: Criminal Procedure
846 So. 2d 1168, 2003 Fla. App. LEXIS 6670, 2003 WL 21012642
District Court of Appeal of Florida | Filed: May 7, 2003 | Docket: 64823263
Published
motion to reduce or mitigate sentence pursuant to Rule 3.800(c), Florida Rule of Criminal Procedure. Appellant
Category: Criminal Procedure
843 So. 2d 354, 2003 Fla. App. LEXIS 5828, 2003 WL 1936410
District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 64822369
Published
post-conviction relief, there is no provision in rule 3.800(a) “authorizing” a motion for rehearing and thus
Category: Criminal Procedure
844 So. 2d 686, 2003 WL 1916695
District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1197269
Published
2001. On October 23, 2001, the defendant filed a rule 3.800(b) motion in the trial court. He argued that
Category: Criminal Procedure
844 So. 2d 686, 2003 WL 1916695
District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1197269
Published
2001. On October 23, 2001, the defendant filed a rule 3.800(b) motion in the trial court. He argued that
Category: Criminal Procedure
849 So. 2d 340, 2003 Fla. App. LEXIS 5408, 2003 WL 1876892
District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64823932
Published
correct an illegal sentence at any time, Fla. R.Crim. P. 3.800(a), or it may reduce or modify a sentence
Category: Criminal Procedure
844 So. 2d 674, 2003 Fla. App. LEXIS 5416, 2003 WL 1877347
District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822727
Published
PER CURIAM.
Affirmed. Although rule 3.800(a) allows a claim of illegal sentence to be raised at any
Category: Criminal Procedure
844 So. 2d 674, 2003 Fla. App. LEXIS 5416, 2003 WL 1877347
District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822727
Published
PER CURIAM.
Affirmed. Although rule 3.800(a) allows a claim of illegal sentence to be raised at any
Category: Criminal Procedure
849 So. 2d 335, 2003 Fla. App. LEXIS 4909, 2003 WL 1856399
District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 64823930
Published
We reverse the trial court’s order denying the rule 3.800(b)(2) motion. The State concedes that the trial
Category: Criminal Procedure
844 So. 2d 669, 2003 Fla. App. LEXIS 4479, 2003 WL 1785885
District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 64822723
Published
pursuant to Rule 3.850 and two others pursuant to Rule 3.800(a). None has had merit. At some point, “enough
Category: Criminal Procedure
843 So. 2d 317, 2003 Fla. App. LEXIS 4420, 2003 WL 1722926
District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64822345
Published
Motion to Correct Illegal Sentence pursuant to Rule 3.800, Fla. R.Crim. P., and certify conflict with Taylor
Category: Criminal Procedure
840 So. 2d 1164, 2003 Fla. App. LEXIS 4137, 2003 WL 1566598
District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 64821620
Published
filed before the trial court in accordance with Rule 3.800(a), Fla. R.Crim. P. We are unable to review the
Category: Criminal Procedure
841 So. 2d 580, 2003 Fla. App. LEXIS 4045, 2003 WL 1523316
District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 64821756
Published
(Fla. 2d DCA 2001) (affirming the denial of a rule 3.800(a) claim where the defendant did not state a
Category: Criminal Procedure
841 So. 2d 555, 2003 Fla. App. LEXIS 3068, 2003 WL 885438
District Court of Appeal of Florida | Filed: Mar 10, 2003 | Docket: 64821749
Published
the trial court’s order summarily denying his rule 3.800 *556motion for jail credit. The appellant has
Category: Criminal Procedure
838 So. 2d 699, 2003 Fla. App. LEXIS 2886
District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 64821004
Published
2001).
2. Washington filed a motion pursuant to rule 3.800(a) which was denied and the denial was affirmed
Category: Criminal Procedure
840 So. 2d 352, 2003 WL 554543
District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1748208
Published
labeled "Petition for Writ of Error Coram Nobis/Rule 3.800 Motion," he asserted various claims regarding
Category: Criminal Procedure
842 So. 2d 903, 2003 Fla. App. LEXIS 1353, 2003 WL 289438
District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 64822170
Published
filed his motion to correct sentence pursuant to rule 3.800(a). He alleged that the twelve points assessed
Category: Criminal Procedure
840 So. 2d 1091, 2003 Fla. App. LEXIS 1942, 2003 WL 1900880
District Court of Appeal of Florida | Filed: Feb 11, 2003 | Docket: 64821593
Published
PER CURIAM.
See Fla. R.Crim. P. 3.800(b); Capre v. State, 773 So.2d 92 (Fla. 5th DCA 2000).
AFFIRMED
Category: Criminal Procedure
836 So. 2d 1080, 2003 Fla. App. LEXIS 1118, 2003 WL 242921
District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820625
Published
motion to correct illegal sentence filed under rule 3.800. We affirm the denial of the latter motion without
Category: Criminal Procedure
836 So. 2d 1073, 2003 Fla. App. LEXIS 895, 2003 WL 201317
District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 64820617
Published
raise the issue of his illegal sentence via a rule 3.800 motion in the lower court. See Massey v. State
Category: Criminal Procedure
835 So. 2d 370, 2003 Fla. App. LEXIS 732, 2003 WL 183365
District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 64820087
Published
that this claim was facially sufficient under rule 3.800(a), we instructed the trial court to treat this
Category: Criminal Procedure
835 So. 2d 1214, 2003 Fla. App. LEXIS 467, 2003 WL 143823
District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820167
Published
appellant filing a facially sufficient claim under rule 3.800(a). See Burgess v. State, 831 So.2d 137 (Fla
Category: Criminal Procedure
834 So. 2d 409, 2003 Fla. App. LEXIS 291, 2003 WL 131687
District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819882
Published
amended motion pursuant to rule 3.850 and/or rule 3.800. Eastwood pled guilty to various felonies in
Category: Criminal Procedure
840 So. 2d 267, 2003 WL 18451
District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1463513
Published
offender sentence may be challenged pursuant to rule 3.800(a) at any time where no judge could have inflicted
Category: Criminal Procedure
840 So. 2d 267, 2003 WL 18451
District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1463513
Published
offender sentence may be challenged pursuant to rule 3.800(a) at any time where no judge could have inflicted
Category: Criminal Procedure
834 So. 2d 901, 2003 Fla. App. LEXIS 16, 2003 WL 18401
District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 64819990
Published
Motion to Correct Sentencing Error Pursuant to Rule 3.800(b)(2), Fla.R.Crim.P. and Request for Resentencing
Category: Criminal Procedure
831 So. 2d 1247, 2002 Fla. App. LEXIS 18262, 2002 WL 31777782
District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 64819382
Published
trial court entered an order granting Welch’s rule 3.800(b) motion. The order directed, among other things
Category: Criminal Procedure
832 So. 2d 247, 2002 WL 31728854
District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 322866
Published
William J. Carter appeals the denial of his Rule 3.800(a) motion to correct an illegal sentence. Carter
Category: Criminal Procedure
830 So. 2d 905, 2002 Fla. App. LEXIS 17119, 2002 WL 31556549
District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 64819053
Published
motion is deemed to have been denied. See Fla. R.Crim. P. 3.800(b)(1)(B). The State conceded a 1995 scoresheet
Category: Criminal Procedure
830 So. 2d 217, 2002 Fla. App. LEXIS 16174, 2002 WL 31487274
District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818952
Published
felony offender sentences on all counts. In the rule 3.800(a) motion, McMaster-Wade contends that he could
Category: Criminal Procedure
831 So. 2d 225, 2002 Fla. App. LEXIS 15562, 2002 WL 31396542
District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 64819104
Published
the trial court erred in its disposition of his Rule 3.800(a) motion to correct illegal sentence. Subsequently
Category: Criminal Procedure
829 So. 2d 300, 2002 Fla. App. LEXIS 15486, 2002 WL 31373868
District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 64818578
Published
958 (Fla.2001). Such a claim is cognizable in a rule 3.800(a) motion. See Hopps v. State, 725 So.2d 1204
Category: Criminal Procedure
828 So. 2d 475, 2002 Fla. App. LEXIS 15162, 2002 WL 31322638
District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 64818291
Published
State, Case No. 01-1878 (8/1/01).
(5) Denial of Rule 3.800(a) motion. Affirmed. See Robenson v. State, 793
Category: Criminal Procedure
827 So. 2d 385, 2002 Fla. App. LEXIS 14596, 2002 WL 31255421
District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817925
Published
motion to correct illegal sentence. See Fla.R.Crim.P. 3.800(b). With respect to offenses committed in
Category: Criminal Procedure
827 So. 2d 354, 2002 Fla. App. LEXIS 14272, 2002 WL 31202276
District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 64817892
Published
claim of scoresheet error is cognizable in a rule 3.800(a) motion “where the error can be corrected based
Category: Criminal Procedure
827 So. 2d 1035, 2002 Fla. App. LEXIS 14214, 2002 WL 31174296
District Court of Appeal of Florida | Filed: Oct 2, 2002 | Docket: 64818056
Published
*1036right he may have to raise his claim in a rule 3.800(a) motion that meets the requirements of Bain
Category: Criminal Procedure
837 So. 2d 425, 2002 Fla. App. LEXIS 13444, 2002 WL 31060535
District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 64820702
Published
appeal. However, at the time Olvey was decided, Rule 3.800 did not permit a post-sentence motion to correct
Category: Criminal Procedure
825 So. 2d 1030, 2002 Fla. App. LEXIS 13195, 2002 WL 31026978
District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 64817383
Published
illegal habituali-zation was raised in a previous rule 3.800(a) motion brought by the appellant in *10322000
Category: Criminal Procedure
825 So. 2d 508, 2002 Fla. App. LEXIS 12914, 2002 WL 2030859
District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 64817324
Published
the trial court’s order summarily denying his rule 3.800 motion for jail credit. The appellant has made
Category: Criminal Procedure
823 So. 2d 300, 2002 Fla. App. LEXIS 11583, 2002 WL 1842722
District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64816832
Published
1996)(“[W]here, as here, a defendant raises an issue under Rule 3.800, the lower court denies relief and the defendant
Category: Criminal Procedure
822 So. 2d 561, 2002 Fla. App. LEXIS 10832, 2002 WL 1758202
District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 64816650
Published
claims that there is a scoring error, see Fla. R.Crim. P. 3.800(a), with regard to the offense of second
Category: Criminal Procedure
822 So. 2d 554, 2002 Fla. App. LEXIS 10676, 2002 WL 1724007
District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816642
Published
therefore did not present a facially sufficient rule 3.800(a) jail credit claim. See Searight v. State,
Category: Criminal Procedure
832 So. 2d 782, 2002 WL 1626180
District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 487971
Published
on the motion within sixty days. Pursuant to rule 3.800(b), if the trial court fails to do so, the motion
Category: Criminal Procedure
826 So. 2d 370, 2002 Fla. App. LEXIS 8730, 2002 WL 1368588
District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 64817619
Published
correct the sentence and scoresheet. See Fla. R.Crim. P. 3.800(c) (Comm. Notes, 1980 Amend.); Cherry v
Category: Criminal Procedure
826 So. 2d 368, 2002 Fla. App. LEXIS 8729, 2002 WL 1368657
District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 64817618
Published
claim, finding that it was not cognizable in a rule 3.800(a) motion and that the motion was untimely as
Category: Criminal Procedure
818 So. 2d 636, 2002 Fla. App. LEXIS 7841, 2002 WL 1224752
District Court of Appeal of Florida | Filed: Jun 6, 2002 | Docket: 64815716
Published
PER CURIAM.
The appellant filed a rule 3.800 motion claiming that he did not receive his proper prison
Category: Criminal Procedure
816 So. 2d 795, 2002 Fla. App. LEXIS 6585, 2002 WL 984791
District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64815224
Published
correct an illegal sentence pursuant to Fla. R.Crim. P. 3.800. The state has conceded that certain of
Category: Criminal Procedure
816 So. 2d 780, 2002 WL 939774
District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 2554985
Published
motion to correct an illegal sentence. See Fla. R.Crim.P. 3.800. We reverse.
Jenkins' first 3.800(a) motion
Category: Criminal Procedure
816 So. 2d 222, 2002 WL 926824
District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1557496
Published
motion, however, is facially insufficient.
A rule 3.800(a) motion must meet the following requirements:
Category: Criminal Procedure
816 So. 2d 768, 2002 Fla. App. LEXIS 6274, 2002 WL 925243
District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 64815209
Published
overcome.
In an order denying the appellant’s rule 3.800(b) motion, the trial court indicated that imposition
Category: Criminal Procedure
818 So. 2d 599, 2002 Fla. App. LEXIS 6015, 2002 WL 851273
District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 64815704
Published
[“Stevens”], seeks review of the denial of his Rule 3.800 motion to correct illegal sentences. The trial
Category: Criminal Procedure
813 So. 2d 302, 2002 Fla. App. LEXIS 5246, 2002 WL 662812
District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814189
Published
entered more than sixty days after sentencing. Fla.R.Crim.P. 3.800(c); State v. M.C., 666 So.2d 877 (Fla.1995)
Category: Criminal Procedure
813 So. 2d 275, 2002 Fla. App. LEXIS 4713, 2002 WL 537137
District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 64814168
Published
William Steiner appeals the summary denial of his Rule 3.800(a)1 motion to correct an illegal sentence after
Category: Criminal Procedure
810 So. 2d 1033, 2002 Fla. App. LEXIS 2945, 2002 WL 377005
District Court of Appeal of Florida | Filed: Mar 12, 2002 | Docket: 64813262
Published
the trial court’s summary denial of his Fla. R.Crim. P. 3.800(a) motion for additional jail credit for
Category: Criminal Procedure
809 So. 2d 893, 2002 Fla. App. LEXIS 4461, 2002 WL 360423
District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 64813126
Published
805 So.2d 70 (Fla. 2d DCA 2002) (holding that a rule 3.800(a) motion that does not allege that the court
Category: Criminal Procedure
810 So. 2d 1014, 2002 Fla. App. LEXIS 2366, 2002 WL 342062
District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 64813251
Published
error is apparent from the face of the record, rule 3.800(a) can be used to correct the resulting habitual
Category: Criminal Procedure
808 So. 2d 277, 2002 Fla. App. LEXIS 2201, 2002 WL 313163
District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 64812818
Published
a *278motion to correct sentence pursuant to Rule 3.800(b)(2), Florida Rules of Criminal Procedure. This
Category: Criminal Procedure
807 So. 2d 825, 2002 Fla. App. LEXIS 2196, 2002 WL 312526
District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 64812656
Published
James Ellison’s seventh Rule 3.800(a) motion is affirmed.1 Three Rule 3.800(a) motions ago, this court
Category: Criminal Procedure
808 So. 2d 271, 2002 WL 246655
District Court of Appeal of Florida | Filed: Feb 22, 2002 | Docket: 311348
Published
claim, finding that it was not cognizable in a rule 3.800(a) motion and that the motion was untimely as
Category: Criminal Procedure
805 So. 2d 1057, 2002 Fla. App. LEXIS 387, 2002 WL 83766
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64812020
Published
CURIAM.
The appellant’s motion, filed pursuant to rule 3.800(a), is facially insufficient to demonstrate entitlement
Category: Criminal Procedure
805 So. 2d 1057, 2002 Fla. App. LEXIS 387, 2002 WL 83766
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64812020
Published
CURIAM.
The appellant’s motion, filed pursuant to rule 3.800(a), is facially insufficient to demonstrate entitlement
Category: Criminal Procedure
806 So. 2d 565, 2002 Fla. App. LEXIS 266, 2002 WL 63489
District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64812210
Published
single episode. “Hale claims are cognizable in rule 3.800(a) motions if the claim can be established on
Category: Criminal Procedure
818 So. 2d 543, 2002 Fla. App. LEXIS 303, 2002 WL 63397
District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64815695
Published
to correct illegal sentence filed pursuant to rule 3.800(a). This court affirmed the summary denial of
Category: Criminal Procedure
802 So. 2d 1196, 2002 Fla. App. LEXIS 47, 2002 WL 10436
District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 64811263
Published
via a rule 3.800 motion.
Because “[a] claim for additional credit is cognizable in a rule 3.800 motion
Category: Criminal Procedure
805 So. 2d 1033, 2001 Fla. App. LEXIS 18512, 2001 WL 1744706
District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64812004
Published
issued on June 26, 2001. Dixon then filed a timely rule 3.800(c) motion on July 26, 2001. The trial court dismissed
Category: Criminal Procedure
805 So. 2d 1033, 2001 Fla. App. LEXIS 18514, 2001 WL 1744691
District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64812003
Published
Battle’s right to file a facially sufficient rule 3.800(a) motion, if he is able to do so. See Hall v
Category: Criminal Procedure
801 So. 2d 303, 2001 Fla. App. LEXIS 17645, 2001 WL 1589604
District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 64810666
Published
those claims that it thought were cognizable in a rule 3.800(a) motion but denied the rule 3.850 claims because
Category: Criminal Procedure
801 So. 2d 209, 2001 Fla. App. LEXIS 17067, 2001 WL 1539040
District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810615
Published
prison on each count prior to resentencing. In his rule 3.800(a) motion, Dennison alleged that his sentences
Category: Criminal Procedure
800 So. 2d 343, 2001 Fla. App. LEXIS 16630, 2001 WL 1495458
District Court of Appeal of Florida | Filed: Nov 27, 2001 | Docket: 64810341
Published
summary denial of his rule 3.800(a) motion to correct an illegal sentence. A rule 3.800 motion can be the
Category: Criminal Procedure
805 So. 2d 964, 2001 Fla. App. LEXIS 16405, 2001 WL 1472633
District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 64811981
Published
Toto might have to file a facially sufficient rule 3.800(a) motion or a timely motion pursuant to rule
Category: Criminal Procedure
805 So. 2d 964, 2001 Fla. App. LEXIS 16405, 2001 WL 1472633
District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 64811981
Published
Toto might have to file a facially sufficient rule 3.800(a) motion or a timely motion pursuant to rule
Category: Criminal Procedure
798 So. 2d 883, 2001 Fla. App. LEXIS 15706, 2001 WL 1359676
District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64809848
Published
years in prison and one year of probation. In his rule 3.800(a) motion to correct sentence, he argues that
Category: Criminal Procedure
800 So. 2d 656, 2001 Fla. App. LEXIS 15549, 2001 WL 1346425
District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 64810380
Published
motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). A prematurely filed motion to correct
Category: Criminal Procedure
804 So. 2d 447, 2001 Fla. App. LEXIS 15622, 2001 WL 1768973
District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 64811566
Published
Maddox v. State, 760 So.2d 89 (Fla.2000); Fla. R.Crim. P. 3.800(b).
SHARP, W., PETERSON and HARRIS, JJ.
Category: Criminal Procedure
799 So. 2d 346, 2001 WL 1327148
District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 2588560
Published
appellant's Rule 3.800(a) motion, filed while an appeal of the appellant's previous Rule 3.800(a) motion
Category: Criminal Procedure
796 So. 2d 647, 2001 Fla. App. LEXIS 15018, 2001 WL 1267054
District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 64809242
Published
error, we reverse the denial of Enrique Garcia’s rule 3.800 motion for post conviction relief as to the habitual
Category: Criminal Procedure
796 So. 2d 1288, 2001 Fla. App. LEXIS 14875, 2001 WL 1245094
District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 64809406
Published
trial court’s order which summarily denied his Rule 3.800(a) motion. We affirm. •
Smith’s motion claims
Category: Criminal Procedure
805 So. 2d 910, 2001 Fla. App. LEXIS 14893, 2001 WL 1245886
District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 64811958
Published
were not entered sequentially is cognizable in a rule 3.800(a) motion to correct illegal sentence. See id
Category: Criminal Procedure
798 So. 2d 49, 2001 Fla. App. LEXIS 14702, 2001 WL 1230929
District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809689
Published
CURIAM.
The order summarily denying Appellant’s rule 3.800(a) motion to correct illegal sentence, which
Category: Criminal Procedure
804 So. 2d 410, 2001 Fla. App. LEXIS 14168, 2001 WL 1189700
District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 64811555
Published
the lack of a motion to correct sentence under rule 3.800(b). Fla. R.Crim. P. See Drayton v. State, 791
Category: Criminal Procedure
795 So. 2d 234, 2001 Fla. App. LEXIS 13461, 2001 WL 1131718
District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64808807
Published
appellant’s brief, the motion is deemed denied. Fla. R.Crim. P. 3.800(b)(2).
Category: Criminal Procedure
795 So. 2d 1031, 2001 Fla. App. LEXIS 12554, 2001 WL 1045021
District Court of Appeal of Florida | Filed: Sep 7, 2001 | Docket: 64809017
Published
file a facially sufficient motion pursuant to rule 3.800(a), or, if he wishes to withdraw his plea and
Category: Criminal Procedure
792 So. 2d 706, 2001 Fla. App. LEXIS 12261, 2001 WL 991994
District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64807738
Published
Clarence L. Barfield, appeals the denial of his Rule 3.800(a) motion raising a Heggs1 issue. In the motion
Category: Criminal Procedure
798 So. 2d 777, 2001 Fla. App. LEXIS 12250, 2001 WL 991836
District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64809800
Published
from the denial of his motion filed pursuant to Rule 3.800. He seeks resentencing based on Heggs v. State
Category: Criminal Procedure
792 So. 2d 679, 2001 Fla. App. LEXIS 12117, 2001 WL 984695
District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807730
Published
to correct illegal sentence, filed pursuant to rule 3.800, Florida Rules of Criminal Procedure.
Simply
Category: Criminal Procedure
800 So. 2d 626, 2001 Fla. App. LEXIS 12108, 2001 WL 983162
District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64810371
Published
to correct illegal sentence filed pursuant to rule 3.800(a), Florida Rules of .Criminal Procedure. Appellant
Category: Criminal Procedure
792 So. 2d 679, 2001 Fla. App. LEXIS 12117, 2001 WL 984695
District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807730
Published
to correct illegal sentence, filed pursuant to rule 3.800, Florida Rules of Criminal Procedure.
Simply
Category: Criminal Procedure
790 So. 2d 1263, 2001 Fla. App. LEXIS 11253, 26 Fla. L. Weekly Fed. D 1936
District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807290
Published
first time on appeal, citing amendments to Fla. R.Crim. P. 3.800(b) and Harvey v. State, 786 So.2d 28 (Fla
Category: Criminal Procedure
790 So. 2d 1231, 2001 Fla. App. LEXIS 11093, 2001 WL 883389
District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807284
Published
sentence, mislabeling the motion as pursuant to rule 3.800(b) of the Florida Rules of Criminal Procedure
Category: Criminal Procedure
789 So. 2d 1217, 2001 Fla. App. LEXIS 9869, 2001 WL 822800
District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64806950
Published
the trial court’s order summarily denying her rule 3.800(a) motion seeking prison credit for time served
Category: Criminal Procedure
789 So. 2d 1177, 2001 Fla. App. LEXIS 9494, 2001 WL 776223
District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 64806918
Published
motion to correct illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Because
Category: Criminal Procedure
789 So. 2d 489, 2001 WL 753809
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1325991
Published
error in the trial court was the State. See Fla. R.Crim. P. 3.800(b)(2). Why the State would want to enforce
Category: Criminal Procedure
789 So. 2d 1167, 2001 Fla. App. LEXIS 9212, 2001 WL 753868
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64806912
Published
Brooks’ right to file a renewed motion pursuant to rule 3.800(a) raising the same grounds within thirty days
Category: Criminal Procedure
790 So. 2d 515, 2001 Fla. App. LEXIS 9152, 2001 WL 747520
District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64807100
Published
93-1850CF10A. Appellant’s motion was filed under rule 3.800(b)(2), Fla. R.Crim.P., but that would not apply
Category: Criminal Procedure
789 So. 2d 1147, 2001 Fla. App. LEXIS 9661, 2001 WL 758731
District Court of Appeal of Florida | Filed: Jun 28, 2001 | Docket: 64806907
Published
the conviction but instead filed a motion under rule 3.800(a) contending that his sentence is illegal as
Category: Criminal Procedure
786 So. 2d 1259, 2001 Fla. App. LEXIS 8086, 2001 WL 667814
District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 64805969
Published
denial of his rule 3.800(a) motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). St. Jean
Category: Criminal Procedure
789 So. 2d 417, 2001 Fla. App. LEXIS 8076, 2001 WL 649667
District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806674
Published
correct an illegal sentence pursuant to Fla. R.Crim. P. 3.800. We affirm.
*418Defendant pled no contest
Category: Criminal Procedure
786 So. 2d 651, 2001 WL 609063
District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 160742
Published
claim for additional credit is cognizable in a rule 3.800 motion. See State v. Mancino, 714 So.2d 429,
Category: Criminal Procedure
789 So. 2d 1043, 2001 Fla. App. LEXIS 7717, 2001 WL 603532
District Court of Appeal of Florida | Filed: Jun 5, 2001 | Docket: 64806884
Published
not waived because the appellant filed a timely rule 3.800(b) motion. See Fla. R.App. P. 9.140(d)(pro-viding
Category: Criminal Procedure
788 So. 2d 330, 2001 Fla. App. LEXIS 7174, 2001 WL 543340
District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 64806386
Published
summarily denied the motion, concluding that “Rule 3.800(b) is not the appropriate procedural vehicle
Category: Criminal Procedure
787 So. 2d 145, 2001 Fla. App. LEXIS 5606, 2001 WL 427609
District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 64806044
Published
thus, the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B), (2)(B).
Category: Criminal Procedure
782 So. 2d 1015, 2001 Fla. App. LEXIS 5529, 2001 WL 417299
District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64804906
Published
state’s agreement, the order below denying Fla. R.Crim.P. 3.800 relief is reversed and the cause remanded
Category: Criminal Procedure
782 So. 2d 555, 2001 Fla. App. LEXIS 5268, 2001 WL 394871
District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 64804790
Published
State, 766 So.2d 1255 (Fla. 5th DCA 2000); Fla. R.Crim. P. 3.800(b). The state agrees, pointing out that
Category: Criminal Procedure
781 So. 2d 1194, 2001 WL 359558
District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 557178
Published
order granting in part and denying in part his rule 3.800(a) motion. We vacate the order without prejudice
Category: Criminal Procedure
781 So. 2d 1194, 2001 WL 359558
District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 557178
Published
order granting in part and denying in part his rule 3.800(a) motion. We vacate the order without prejudice
Category: Criminal Procedure
784 So. 2d 508, 2001 Fla. App. LEXIS 5037, 2001 WL 359180
District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 64805200
Published
occurring after the effective date of amended rule 3.800(b), even fundamental ones, are barred if not
Category: Criminal Procedure
787 So. 2d 105, 2001 Fla. App. LEXIS 4786, 2001 WL 355851
District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 64806036
Published
sexual predator. This is not cognizable as a rule 3.800 claim. His second unpreserved claim is that he
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2001 | Docket: 2038424
Published
filed for state post-conviction relief under Fla.R.Crim.P. 3.800
on October 15, 1996 sufficed to toll the
Category: Criminal Procedure
Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2001 | Docket: 212639
Published
filed for state post-conviction
relief under Fla.R.Crim.P. 3.800 on October 15, 1996 sufficed to toll the
Category: Criminal Procedure
781 So. 2d 498, 2001 Fla. App. LEXIS 4105, 2001 WL 303286
District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 64804529
Published
motion to correct sentence filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Holt
Category: Criminal Procedure
783 So. 2d 300, 2001 Fla. App. LEXIS 3492, 2001 WL 273864
District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 64804963
Published
a departure sentence is not reviewable under rule 3.800(a). See Davis v. State, 661 So.2d 1193, 1196
Category: Criminal Procedure
783 So. 2d 1112, 2001 Fla. App. LEXIS 2941, 2001 WL 228029
District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 64805080
Published
ineffective and also included claims filed under rule 3.800(a) that his sentence was illegal. The trial court
Category: Criminal Procedure
784 So. 2d 1145, 2001 Fla. App. LEXIS 2090, 2001 WL 193859
District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64805311
Published
thus, the motion was deemed denied. See Fla. R.Crim. P. 3 .800(b)(1)(B), (2)(B).
Category: Criminal Procedure
778 So. 2d 1063, 2001 Fla. App. LEXIS 2130, 2001 WL 193743
District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64803942
Published
appellant, seeks review of a summary denial of his rule 3.800(a) motion as procedurally barred and successive
Category: Criminal Procedure
776 So. 2d 374, 2001 Fla. App. LEXIS 1082, 2001 WL 98651
District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 64803251
Published
motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a) is reversed for re-sentencing on the basis
Category: Criminal Procedure
776 So. 2d 372, 2001 Fla. App. LEXIS 982, 2001 WL 85525
District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 64803250
Published
affirmed per curiam the summary denial of his Rule 3.800(a) motion to correct an illegal sentence. Because
Category: Criminal Procedure
776 So. 2d 1035, 2001 Fla. App. LEXIS 808, 2001 WL 76723
District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803382
Published
to correct, reduce or modify a sentence under rule 3.800 is not appealable).
In State v. Mancino, 714
Category: Criminal Procedure
779 So. 2d 552, 2001 Fla. App. LEXIS 322, 2001 WL 43640
District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 64804208
Published
brought on direct appeal rather than through a rule 3.800 motion. The trial court is incorrect. If Ortiz’s
Category: Criminal Procedure
779 So. 2d 552, 2001 Fla. App. LEXIS 322, 2001 WL 43640
District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 64804208
Published
brought on direct appeal rather than through a rule 3.800 motion. The trial court is incorrect. If Ortiz’s
Category: Criminal Procedure
773 So. 2d 1291, 2001 Fla. App. LEXIS 63, 2001 WL 9837
District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 64802624
Published
under Heggs v. State, 759 So.2d 620 (Fla.2000). Rule 3.800(a) explicitly prohibits the filing of a motion
Category: Criminal Procedure
774 So. 2d 816, 2000 Fla. App. LEXIS 16896, 2000 WL 1872634
District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 64802765
Published
passed from the date of sentencing. See Fla.R.Crim.P. 3.800(c). The actual exchange was the following:
Category: Criminal Procedure
773 So. 2d 1176, 2000 Fla. App. LEXIS 15171, 2000 WL 1727024
District Court of Appeal of Florida | Filed: Nov 22, 2000 | Docket: 64802540
Published
a motion is facially insufficient. See Fla. R.Crim. P. 3.800(b). In addition, the trial court’s order
Category: Criminal Procedure
770 So. 2d 732, 2000 Fla. App. LEXIS 14609, 2000 WL 1671436
District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801550
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(a).
Category: Criminal Procedure
770 So. 2d 298, 2000 Fla. App. LEXIS 14613, 2000 WL 1671286
District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801411
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(a).
Category: Criminal Procedure
787 So. 2d 1, 2000 Fla. App. LEXIS 14606, 2000 WL 1671439
District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64805994
Published
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.800(a).
Category: Criminal Procedure
769 So. 2d 530, 2000 Fla. App. LEXIS 13842, 2000 WL 1595727
District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64801107
Published
CURIAM.
Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal
Category: Criminal Procedure
775 So. 2d 355, 2000 Fla. App. LEXIS 13718, 2000 WL 1582757
District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64802939
Published
(Fla. 1st DCA 2000)(reversing summary denial of rule 3.800(a) motion alleging scoresheet errors even though
Category: Criminal Procedure
769 So. 2d 519, 2000 Fla. App. LEXIS 13774, 2000 WL 1580572
District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64801101
Published
stand trial when his trial was held, citing both rule 3.800(b) and rule 3.850(b)(1) and (2), Florida Rules
Category: Criminal Procedure
769 So. 2d 451, 2000 Fla. App. LEXIS 13083, 2000 WL 1475695
District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64801066
Published
correct an illegal sentence filed pursuant to Rule 3.800, Florida Rules of Criminal Procedure. Cosby alleges
Category: Criminal Procedure
780 So. 2d 147, 2000 Fla. App. LEXIS 13084, 2000 WL 1475690
District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64804312
Published
motion for post-conviction relief pursuant to Rule 3.800(a), Florida Rules of ■Criminal Procedure.
Tippins
Category: Criminal Procedure
769 So. 2d 1121, 2000 Fla. App. LEXIS 12696, 2000 WL 1468565
District Court of Appeal of Florida | Filed: Oct 4, 2000 | Docket: 64801223
Published
Accordingly, he is not entitled to relief through a rule 3.800(a) motion.
He further alleges that he negotiated
Category: Criminal Procedure
768 So. 2d 534, 2000 WL 1396660
District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 551608
Published
to correct illegal sentence filed pursuant to rule 3.800(a), Fla. R.Crim. P. In his motion, he alleged
Category: Criminal Procedure
766 So. 2d 1220, 2000 Fla. App. LEXIS 12093, 2000 WL 1344961
District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800322
Published
to correct the sentence was filed. See Fla. R.Crim. P. 3.800(b). The issue is thus not preserved for
Category: Criminal Procedure
768 So. 2d 1197, 2000 Fla. App. LEXIS 11897, 2000 WL 1344882
District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800882
Published
that the trial court erred when it denied her rule 3.800(a) motion for additional jail time credit in
Category: Criminal Procedure
768 So. 2d 1197, 2000 Fla. App. LEXIS 11897, 2000 WL 1344882
District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800882
Published
that the trial court erred when it denied her rule 3.800(a) motion for additional jail time credit in
Category: Criminal Procedure
145 F. Supp. 2d 1332, 2000 U.S. Dist. LEXIS 20428, 2000 WL 33281135
District Court, S.D. Florida | Filed: Sep 19, 2000 | Docket: 2293765
Published
correct an illegal sentence pursuant to Fla. R.Crim.P. 3.800(a) which does not have a time limit for
Category: Criminal Procedure
768 So. 2d 1171, 2000 Fla. App. LEXIS 11735, 2000 WL 1299626
District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 64800871
Published
mandate.
*1172Until recently, a motion pursuant to rule 3.800(a) could be filed during the pendency of a direct
Category: Criminal Procedure
765 So. 2d 945, 2000 Fla. App. LEXIS 11068, 2000 WL 1227807
District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 64799924
Published
Austin, Jr., appeals the summary denial of his Rule 3.800(a) motion. In his motion, defendant alleges that
Category: Criminal Procedure
765 So. 2d 906, 2000 Fla. App. LEXIS 10926, 2000 WL 1205718
District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799907
Published
motion to correct an illegal sentence pursuant to Rule 3.800 of the Florida Rules of Criminal Procedure. There
Category: Criminal Procedure
768 So. 2d 477, 2000 Fla. App. LEXIS 9464, 2000 WL 1036264
District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64800752
Published
692 So.2d 971 (Fla. 2d DCA 1997) (holding that rule 3.800 contains no proscription against successive motions);
Category: Criminal Procedure
762 So. 2d 575, 2000 Fla. App. LEXIS 8770, 2000 WL 959767
District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64798707
Published
errors, one of which entitled him to relief under Rule 3.800(a), Florida Rules of Criminal Procedure.
The
Category: Criminal Procedure
761 So. 2d 1219, 2000 Fla. App. LEXIS 8133, 2000 WL 869405
District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 64798524
Published
this court that Campbell filed two different rule 3.800(a) motions in the trial court. The order now
Category: Criminal Procedure
758 So. 2d 1287, 2000 Fla. App. LEXIS 7215, 2000 WL 763327
District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64797627
Published
“Motion to Correct Illegal Sentence” pursuant to Rule 3.800 of the Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
760 So. 2d 994, 2000 Fla. App. LEXIS 7181, 2000 WL 762236
District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64798109
Published
with probation and community control. However, rule 3.800(c) does not authorize the trial court to “increase
Category: Criminal Procedure
760 So. 2d 983, 2000 Fla. App. LEXIS 6878, 2000 WL 726338
District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64798106
Published
properly denied Erickson’s motion because under rule 3.800(a), it was required to limit its review to the
Category: Criminal Procedure
760 So. 2d 205, 2000 Fla. App. LEXIS 4413, 2000 WL 378232
District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64797919
Published
trial court while an appeal is pending. See Fla. R.Crim. P. 3.800(b)(2). Conceivably, appellate counsel can
Category: Criminal Procedure
754 So. 2d 857, 2000 WL 368636
District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1523547
Published
Rule 3.850 is time barred, we treat this as a Rule 3.800 motion.
As the State properly concedes, a defendant
Category: Criminal Procedure
761 So. 2d 1139, 2000 Fla. App. LEXIS 4164, 2000 WL 355525
District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64798493
Published
successive and an abuse of procedure. Because rule 3.800 contains no proscription against successive motions
Category: Criminal Procedure
754 So. 2d 792, 2000 Fla. App. LEXIS 3427, 2000 WL 294493
District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64796308
Published
to Correct Illegal Sentence made pursuant to rule 3.800(a) 1 Florida Rules of Criminal Procedure. We
Category: Criminal Procedure
752 So. 2d 1249, 2000 Fla. App. LEXIS 2268, 2000 WL 257173
District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64795722
Published
Affirmed without prejudice to file either (1) a Rule 3.800 motion that affirmatively demonstrates on the
Category: Criminal Procedure
751 So. 2d 703, 2000 Fla. App. LEXIS 1062, 2000 WL 140452
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795204
Published
constitutionality of the Gort Act. See Fla. R.Crim. P. 3.800(b); State v. Thompson, 750 So.2d 643 (Fla
Category: Criminal Procedure
751 So. 2d 701, 2000 Fla. App. LEXIS 1055, 2000 WL 140190
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795202
Published
Florida Rule of Criminal Procedure 3.850, not Rule 3.800(a), and is subject to the Rule 3.850 two-year
Category: Criminal Procedure
748 So. 2d 376, 2000 Fla. App. LEXIS 350, 2000 WL 35858
District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64793838
Published
(adopting amendments, effective immediately, to Fla. R.Crim. P. 3.800 and Fla. R.App. P. 9.600(d), and explaining
Category: Criminal Procedure
749 So. 2d 533, 1999 Fla. App. LEXIS 17262, 1999 WL 1260140
District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64794194
Published
cognizable under rule 3.800. See White v. State, 666 So.2d 895 (Fla.1996) (reviewing a rule 3.800 motion challenging
Category: Criminal Procedure
747 So. 2d 426, 1999 Fla. App. LEXIS 16615, 1999 WL 1128949
District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64793294
Published
entitled. Although such a claim is cognizable in a rule 3.800 proceeding, Tranquille’s motion is facially insufficient
Category: Criminal Procedure
747 So. 2d 426, 1999 Fla. App. LEXIS 16615, 1999 WL 1128949
District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64793294
Published
entitled. Although such a claim is cognizable in a rule 3.800 proceeding, Tranquille’s motion is facially insufficient
Category: Criminal Procedure
745 So. 2d 1105, 1999 Fla. App. LEXIS 16197, 1999 WL 1082506
District Court of Appeal of Florida | Filed: Dec 3, 1999 | Docket: 64792701
Published
defendant’s postconviction motion pursuant to rule 3.800(a), challenging the legality of the sentence
Category: Criminal Procedure
747 So. 2d 992, 1999 Fla. App. LEXIS 15750, 1999 WL 1075124
District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 64793552
Published
concluding that the issue was not cognizable under rule 3.800(a). We reverse the order insofar as it denies
Category: Criminal Procedure
779 So. 2d 326, 1999 Fla. App. LEXIS 15611, 1999 WL 1063244
District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64804107
Published
the ground that they were successive of a prior rule 3.800 motion. The trial court’s order attaches the
Category: Criminal Procedure
760 So. 2d 67, 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286
Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64797895
Published
service. Judge Warner further points out that rule 3.800(b), which allows a motion to correct a sentencing
Category: Criminal Procedure
743 So. 2d 1134, 1999 Fla. App. LEXIS 12514, 1999 WL 743911
District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64791898
Published
court denying appellant’s motion filed under Fla. R.Crim.P. 3.800(a) and affirm.
KLEIN, SHAHOOD and GROSS
Category: Criminal Procedure
743 So. 2d 1124, 1999 Fla. App. LEXIS 12186, 1999 WL 743584
District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 64791893
Published
the date of the disposition order contrary to rule 3.800(e), Florida Rule of Criminal Procedure, the trial
Category: Criminal Procedure
739 So. 2d 1210, 1999 Fla. App. LEXIS 10476, 1999 WL 565890
District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64790498
Published
Affirmed without prejudice to file a proper rule 3.800(a) motion.
After some 18 years from appellant’s
Category: Criminal Procedure
737 So. 2d 599, 1999 WL 493304
District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 2578911
Published
related Rule 3.800(a) and Rule 3.850 appeals.
The order summarily denying appellant's Rule 3.800(a) motion
Category: Criminal Procedure
734 So. 2d 518, 1999 Fla. App. LEXIS 6625, 1999 WL 317488
District Court of Appeal of Florida | Filed: May 21, 1999 | Docket: 64788598
Published
correct jail time credit was not cognizable in a Rule 3.800(a) motion unless the sentence was illegal in
Category: Criminal Procedure
730 So. 2d 815, 1999 Fla. App. LEXIS 4544, 1999 WL 194837
District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 64787663
Published
a claim may be raised at any time. See Fla. R.Crim. P. 3.800(a).
Although the trial court chose to consider
Category: Criminal Procedure
731 So. 2d 83, 1999 Fla. App. LEXIS 4337, 1999 WL 186859
District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787808
Published
to correct his sentence was granted. See Fla. R.Crim. P. 3.800(a). Therefore, we reverse Hewitt’s sentence
Category: Criminal Procedure
728 So. 2d 1185, 1999 Fla. App. LEXIS 2237, 1999 WL 104463
District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 64787037
Published
credit for time served prior to trial. See Fla. R.Crim. P. 3.800. We treat this as a motion for relief under
Category: Criminal Procedure
727 So. 2d 337, 1999 Fla. App. LEXIS 1473, 1999 WL 71964
District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786493
Published
post judgment to correct the sentence. See Fla.R.Crim.P. 3.800. Thus even if the trial court committed error
Category: Criminal Procedure
727 So. 2d 1001, 1999 Fla. App. LEXIS 1312, 1999 WL 69634
District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 64786619
Published
argues on appeal from a denial of his motion under rule 3.800(a)1 that his sentence is illegal because the
Category: Criminal Procedure
724 So. 2d 1223, 1998 Fla. App. LEXIS 16525, 1999 WL 2517
District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 64785842
Published
CURIAM.
Eduardo Tosco appeals the denial of his Rule 3.800(a) motion to correct a score-sheet error. The
Category: Criminal Procedure
722 So. 2d 250, 1998 WL 852647
District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 2564512
Published
streamlined procedure for review of orders by which rule 3.800(a) and rule 3.850 motions are summarily denied
Category: Criminal Procedure
724 So. 2d 137, 1998 Fla. App. LEXIS 15008, 1998 WL 821798
District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64785460
Published
to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We find
Category: Criminal Procedure
724 So. 2d 127, 1998 WL 821856
District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1217848
Published
appellant's previous motions was filed pursuant to Rule 3 .800 rather than rule 3.850. Even though the court
Category: Criminal Procedure
719 So. 2d 1016, 1998 Fla. App. LEXIS 13886, 1998 WL 765395
District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64783856
Published
affirm the trial court’s order on appellant’s Rule 3.800(a) motion insofar as it awarded appellant credit
Category: Criminal Procedure
721 So. 2d 743, 1998 Fla. App. LEXIS 13812, 1998 WL 754393
District Court of Appeal of Florida | Filed: Oct 30, 1998 | Docket: 64784629
Published
oath and it may be raised at any time. Fla. R.Crim. P. 3.800(a). Linton received a probationary split
Category: Criminal Procedure
720 So. 2d 284, 1998 Fla. App. LEXIS 13659, 1998 WL 746026
District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64784092
Published
within thirty days of the sentence. See Fla. R.Crim. P. 3.800(b). The habitual felony offender designation
Category: Criminal Procedure
724 So. 2d 107, 1998 Fla. App. LEXIS 12859, 1998 WL 712912
District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64785452
Published
scoresheet errors, treated as if filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm
Category: Criminal Procedure
717 So. 2d 1117, 1998 Fla. App. LEXIS 12299, 1998 WL 658291
District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 64782911
Published
the petitioner’s right to file an appropriate rule 3.800 motion that complies with the requirements of
Category: Criminal Procedure
718 So. 2d 338, 1998 Fla. App. LEXIS 11992, 1998 WL 646627
District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64783195
Published
modified once 60 days had elapsed. See Fla. R. Crim P. 3.800. Here, the State’s motion came three years
Category: Criminal Procedure
717 So. 2d 128, 1998 Fla. App. LEXIS 11502
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782641
Published
Rule 9.140(d) was created in conjunction with Rule 3.800(b), which allows a defendant to file a motion
Category: Criminal Procedure
716 So. 2d 854, 1998 Fla. App. LEXIS 11322, 1998 WL 559353
District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782487
Published
and DAUKSCH and ANTOON, JJ., concur.
. Fla. R.Crim. P. 3.800(a).
Category: Criminal Procedure
709 So. 2d 203, 1998 Fla. App. LEXIS 5292, 1998 WL 236221
District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64780169
Published
seek relief from the trial court pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. See
Category: Criminal Procedure
714 So. 2d 469, 1998 Fla. App. LEXIS 4749, 1998 WL 204666
District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64781843
Published
issue. See section 924.051(3), Fla. Stat.; Fla. R.Crim. P. 3.800(b).
As to the assessment of the eight victim
Category: Criminal Procedure
708 So. 2d 352, 1998 Fla. App. LEXIS 4313, 1998 WL 186894
District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64779905
Published
850, or in a properly plead rule 3.800(a) motion. See Fla.R.App.P. 3.800(a); Sullivan v. State, 674 So
Category: Criminal Procedure
701 So. 2d 914, 1997 Fla. App. LEXIS 13383, 1997 WL 740726
District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64776861
Published
time on appeal. Fla. R.App. P. 9.140(d); Fla. R.Crim. P. 3.800; § 924.051(3) Fla. Stat. (Supp.1996). See
Category: Criminal Procedure
702 So. 2d 1325, 1997 Fla. App. LEXIS 13362, 1997 WL 741182
District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777402
Published
sentence, seeking jail time credit pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The
Category: Criminal Procedure
701 So. 2d 1215, 1997 Fla. App. LEXIS 13299, 1997 WL 731598
District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64777006
Published
correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Upon the State’s proper confession of
Category: Criminal Procedure
701 So. 2d 650, 1997 Fla. App. LEXIS 12771, 1997 WL 716877
District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 64776791
Published
“Motion to Clarify Sentence Pursuant to Fla. R.Crim. P. 3.800-A.” In the motion, it is asserted that credit
Category: Criminal Procedure
698 So. 2d 1341, 1997 Fla. App. LEXIS 10447, 1997 WL 564406
District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 64775625
Published
to reduce or modify sentence filed pursuant to Rule 3.800(b), on grounds it did not have jurisdiction to
Category: Criminal Procedure
697 So. 2d 1281, 1997 Fla. App. LEXIS 9286, 1997 WL 473693
District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775385
Published
and modification of sentence pursuant to Fla. R.Crim.P. 3.800(a) without prejudice to Momplaisir’s filing
Category: Criminal Procedure
700 So. 2d 393, 1997 Fla. App. LEXIS 8626, 1997 WL 423420
District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 64776168
Published
claim, as raised, is not cognizable pursuant to rule 3.800, and therefore, we affirm the trial court’s denial
Category: Criminal Procedure
696 So. 2d 534, 1997 Fla. App. LEXIS 7769, 1997 WL 375060
District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 64774758
Published
Although defendant sought relief pursuant to Fla.R.Crim.P. 3.800, we treat this as a mo*535tion for postconviction
Category: Criminal Procedure
693 So. 2d 719, 1997 Fla. App. LEXIS 5593, 1997 WL 269321
District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64773479
Published
the appellant’s motion to clarify sentence [Fla.R.Crim.P.3.800], the State’s response to our order to show
Category: Criminal Procedure
693 So. 2d 719, 1997 Fla. App. LEXIS 5593, 1997 WL 269321
District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64773479
Published
the appellant’s motion to clarify sentence [Fla.R.Crim.P.3.800], the State’s response to our order to show
Category: Criminal Procedure
692 So. 2d 236, 1997 Fla. App. LEXIS 4292, 1997 WL 186275
District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772617
Published
in a Rule 3.800(b) motion, this court is deprived of jurisdiction. The failure to file a Rule 3.800(b)
Category: Criminal Procedure
691 So. 2d 67, 1997 Fla. App. LEXIS 3967, 1997 WL 180239
District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772294
Published
subsequently sentenced for another crime. Fla.R.Crim.P. 3.800(b); Weaver v. State, 588 So.2d 53 (Fla. 3d
Category: Criminal Procedure
685 So. 2d 80, 1996 Fla. App. LEXIS 13272, 1996 WL 729641
District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769908
Published
clarification of sentence, filed pursuant to Fla. R.Crim.P. 3.800. In his motion, he claimed that the trial
Category: Criminal Procedure
684 So. 2d 844, 1996 Fla. App. LEXIS 12766
District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 64769684
Published
hearing or within sixty days thereafter. Fla.R.Crim.P. 3.800(b); C.B.L. v. State, 682 So.2d 228 (Fla.
Category: Criminal Procedure
679 So. 2d 834, 1996 Fla. App. LEXIS 9274, 1996 WL 496307
District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 64767454
Published
Appellant previously filed a motion pursuant to Fla. R.Crim. P. 3.800 asserting the above-stated claim. This court
Category: Criminal Procedure
674 So. 2d 905, 1996 Fla. App. LEXIS 6882, 1996 WL 291940
District Court of Appeal of Florida | Filed: Jun 4, 1996 | Docket: 64765075
Published
correct an illegal sentence imposed by it-” Fla. R.Crim.P. 3.800(a). The opinion in Davis v. State, 661 So
Category: Criminal Procedure
671 So. 2d 879, 1996 Fla. App. LEXIS 3986, 1996 WL 180442
District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 64763885
Published
389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.
Affirmed in part; reversed in part; remanded
Category: Criminal Procedure
669 So. 2d 1130, 1996 Fla. App. LEXIS 2827, 1996 WL 121008
District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763222
Published
PER CURIAM.
Affirmed. Fla.R.Crim.P. 3.800; Davis v. State, 661 So.2d 1193 (Fla.1995); Gartrell v. State
Category: Criminal Procedure
680 So. 2d 469, 1996 Fla. App. LEXIS 2359, 1996 WL 108407
District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64767845
Published
motion to correct an illegal sentence filed under Rule 3.800(a), Florida Rules of Criminal Procedure, in which
Category: Criminal Procedure
670 So. 2d 1031, 1996 Fla. App. LEXIS 1761, 1996 WL 86773
District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 64763466
Published
justification to vacate the sentence under review. Fla. R.Crim.P. 3.800(b).
The trial court in its order further
Category: Criminal Procedure
664 So. 2d 1182, 1996 Fla. App. LEXIS 98, 1996 WL 8256
District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 64760990
Published
correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a) is reversed and the cause is remanded
Category: Criminal Procedure
664 So. 2d 80, 1995 Fla. App. LEXIS 13193, 1995 WL 750660
District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 64760592
Published
appellant’s motion to correct illegal sentence (Fla.R.Crim.P. 3.800(a)), we affirm.
DELL, POLEN and GROSS, JJ
Category: Criminal Procedure
662 So. 2d 1361, 1995 Fla. App. LEXIS 12286, 1995 WL 689519
District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760212
Published
motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a). We conclude, eon-trary to the defendant’s
Category: Criminal Procedure
661 So. 2d 386, 1995 Fla. App. LEXIS 10652, 1995 WL 597437
District Court of Appeal of Florida | Filed: Oct 12, 1995 | Docket: 64759244
Published
clarification or correction of sentence. Fla. R.Crim.P. 3.800(a). We affirm.
In February 1987, appellant
Category: Criminal Procedure
651 So. 2d 751, 1995 Fla. App. LEXIS 2130, 1995 WL 87319
District Court of Appeal of Florida | Filed: Mar 6, 1995 | Docket: 64754859
Published
predicating jurisdiction to rehear the issue on Fla.R.Crim.P. 3.800, the trial court withdrew the award of 5
Category: Criminal Procedure
652 So. 2d 852, 1995 Fla. App. LEXIS 2060, 1995 WL 84586
District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64755213
Published
HARRIS, C.J., and GRIFFIN, J., concur.
. See Fla.R.Crim.P. 3.800(a).
Category: Criminal Procedure
651 So. 2d 193, 1995 Fla. App. LEXIS 1831, 1995 WL 73503
District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64754621
Published
Snyder Hill appeals from the denial of his Fla.R.Crim.P. 3.800 motion requesting credit for time served
Category: Criminal Procedure
649 So. 2d 365, 1995 Fla. App. LEXIS 1287, 1995 WL 59603
District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 64753830
Published
motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a). Based on the state’s confession of error
Category: Criminal Procedure
650 So. 2d 163, 1995 Fla. App. LEXIS 946, 1995 WL 46422
District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 64754177
Published
the expiration of the 60-day period allowed by Rule 3.800(b) for mitigation of sentence. The original sentencing
Category: Criminal Procedure
647 So. 2d 1069, 1994 Fla. App. LEXIS 13190, 1994 WL 717928
District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 64753080
Published
denial of his motion brought pursuant to Fla.R.Crim.P. 3.800(a), but, thereafter, conceded that the denial
Category: Criminal Procedure
644 So. 2d 147, 1994 Fla. App. LEXIS 10141, 1994 WL 576110
District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64751601
Published
denial of relief from an illegal sentence. Fla.R.Crim.P. 3.800(a).
Appellant was convicted of attempted
Category: Criminal Procedure
640 So. 2d 95, 1994 Fla. App. LEXIS 6823, 1994 WL 328270
District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749887
Published
score-sheet may by corrected at any time. Fla.R.Crim.P. 3.800(a); State v. Whitfield, 487 So.2d 1045 (Fla
Category: Criminal Procedure
641 So. 2d 903, 1994 Fla. App. LEXIS 6318, 1994 WL 284163
District Court of Appeal of Florida | Filed: Jun 29, 1994 | Docket: 64750504
Published
correct an illegal sentence pursuant to Fla. R.Crim.P. 3.800(a). We reverse and remand with directions
Category: Criminal Procedure
637 So. 2d 356, 1994 Fla. App. LEXIS 5100, 1994 WL 231408
District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 64748533
Published
correct an illegal sentence pursuant to Fla. R.Crim.P. 3.800(a). We affirm.
In December 1973, Wright
Category: Criminal Procedure
635 So. 2d 1016, 1994 Fla. App. LEXIS 3692, 1994 WL 141211
District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 64747910
Published
correct an illegal sentence, pursuant to Fla. R.Crim.P. 3.800(a). We affirm.
On February 12, 1991, Permenter
Category: Criminal Procedure
632 So. 2d 721, 1994 Fla. App. LEXIS 1686, 1994 WL 64938
District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 64746607
Published
correct an illegal sentence pursuant to Fla. R.Crim.P. 3.800(a). We affirm.
Wiley pled nolo contendere
Category: Criminal Procedure
839 F. Supp. 844, 1993 U.S. Dist. LEXIS 17232, 1993 WL 512047
District Court, M.D. Florida | Filed: Dec 6, 1993 | Docket: 65987818
Published
Motion to Correct Sentence, pursuant to Fla.R.Crim.P. 3.800, which was granted on June 29, 1992. The
Category: Criminal Procedure
626 So. 2d 1094, 1993 Fla. App. LEXIS 11642, 1993 WL 474118
District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 64744086
Published
filed a motion to correct sentence under Fla.R.Crim.P. 3.800(a), based on the sole ground that the 1989
Category: Criminal Procedure
837 F. Supp. 1176, 1993 U.S. Dist. LEXIS 17053, 1993 WL 502544
District Court, M.D. Florida | Filed: Nov 12, 1993 | Docket: 65987393
Published
Reduction of Sentence in the Circuit Court under Fla.R.Crim.P. 3.800, claiming ineffective assistance of counsel
Category: Criminal Procedure
625 So. 2d 985, 1993 Fla. App. LEXIS 10919, 1993 WL 431993
District Court of Appeal of Florida | Filed: Oct 26, 1993 | Docket: 64743594
Published
correct an illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800(a), is reversed and the cause is remanded
Category: Criminal Procedure
618 So. 2d 792, 1993 Fla. App. LEXIS 6093, 1993 WL 177757
District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696440
Published
imposed following a revocation of probation. Fla.R.Crim.P. 3.800(a). We affirm in part and reverse in part
Category: Criminal Procedure
621 So. 2d 716, 1993 Fla. App. LEXIS 5588, 1993 WL 167698
District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 64697764
Published
v. State, 488 So.2d 532 (Fla.1986). Cf. Fla. R.Crim.P. 3.800(a) (trial court may correct scoresheet calculation
Category: Criminal Procedure
617 So. 2d 1140, 1993 Fla. App. LEXIS 5367, 1993 WL 152367
District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 64696122
Published
days following the issuance of our mandate. Fla.R.Crim.P. 3.800(b).”
AFFIRMED.
SMITH, KAHN and WEBSTER, JJ„
Category: Criminal Procedure
617 So. 2d 823, 18 Fla. L. Weekly Fed. D 1167
District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 64695896
Published
is subject to correction at any time. See Fla.R.Crim.P. 3.800(a). Rather, such sentence is incomplete,
Category: Criminal Procedure
615 So. 2d 259, 1993 Fla. App. LEXIS 2479, 1993 WL 63537
District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 64694925
Published
motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a). We affirm the order under review, without
Category: Criminal Procedure
616 So. 2d 995, 1992 Fla. App. LEXIS 12589, 1992 WL 372237
District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 64695636
Published
of this court's mandate in that case. See Fla.R.Crim.P. 3.800(b); State v. Johns, 576 So.2d 1332 (Fla.
Category: Criminal Procedure
608 So. 2d 123, 1992 Fla. App. LEXIS 11366, 1992 WL 317852
District Court of Appeal of Florida | Filed: Nov 6, 1992 | Docket: 64691787
Published
days following the issuance of our mandate. Fla.R.Crim.P. 3.800(b). This case is apparently the defendant’s
Category: Criminal Procedure
604 So. 2d 929, 1992 Fla. App. LEXIS 9800, 1992 WL 221999
District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 64669582
Published
sixty days after the sentence was imposed. Fla.R.Crim.P. 3.800(b). We have repeatedly held, however, that
Category: Criminal Procedure
604 So. 2d 1263, 1992 Fla. App. LEXIS 9432, 1992 WL 216581
District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 64669851
Published
v. Whitfield, 487 So.2d 1045 (Fla.1986); Fla. R.Crim.P. 3.800(a). Appellant cites Graham v. State, 559
Category: Criminal Procedure
588 So. 2d 651, 1991 Fla. App. LEXIS 10732, 1991 WL 216526
District Court of Appeal of Florida | Filed: Oct 25, 1991 | Docket: 64662784
Published
appeals the denial, without a hearing, of his Fla.R.Crim.P. 3.800 motion to correct illegal sentence. We affirm
Category: Criminal Procedure
585 So. 2d 433, 1991 Fla. App. LEXIS 9034, 1991 WL 167258
District Court of Appeal of Florida | Filed: Sep 3, 1991 | Docket: 64661354
Published
can be corrected at any time. Fla.R.Crim.P. 3.800(a), 3.850. The Rule 3.800(a) motion should not have been
Category: Criminal Procedure
584 So. 2d 1108, 1991 Fla. App. LEXIS 8204, 1991 WL 163064
District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 64661121
Published
motion for correction of sentence pursuant to Fla.R.Crim.P. 3.800(a), again seeking vacation of his sentence
Category: Criminal Procedure
584 So. 2d 211, 1991 Fla. App. LEXIS 8507, 1991 WL 158556
District Court of Appeal of Florida | Filed: Aug 20, 1991 | Docket: 64660872
Published
State, 545 So.2d 521 (Fla. 5th DCA 1989); Fla.R.Civ.P. 3.800(a).
Category: Criminal Procedure
584 So. 2d 104, 1991 Fla. App. LEXIS 7340, 1991 WL 138874
District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660825
Published
motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.800(a) and argued, inter alia, that the trial
Category: Criminal Procedure
582 So. 2d 680, 1991 Fla. App. LEXIS 5717, 16 Fla. L. Weekly Fed. D 1641
District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 64660134
Published
her sentence was legal, it can be argued that rule 3.800 limited the trial court’s jurisdiction to modify
Category: Criminal Procedure
561 So. 2d 1285, 1990 Fla. App. LEXIS 3716, 1990 WL 68669
District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 64650825
Published
from the trial court’s summary denial of his rule 3.800 motion to *1286correct an illegal sentence.1
Category: Criminal Procedure
551 So. 2d 1256, 14 Fla. L. Weekly 2599, 1989 Fla. App. LEXIS 6307, 1989 WL 135516
District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646124
Published
motion to correct sentence, pursuant to Fla.R.Crim.P. 3.800(a). See Gibbons v. State, 543 So.2d 860 (Fla
Category: Criminal Procedure
549 So. 2d 1137, 14 Fla. L. Weekly 2393, 1989 Fla. App. LEXIS 5638, 1989 WL 118932
District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 64645379
Published
illegal sentence imposed by it ... [,]” Fla.R. Crim.P. 3.800, nonetheless, “[tjhere is no provision in
Category: Criminal Procedure
545 So. 2d 507, 14 Fla. L. Weekly 1575, 1989 Fla. App. LEXIS 3671, 1989 WL 72734
District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 64643329
Published
PER CURIAM.
Vick appeals the denial of his Fla.R. Crim.P. 3.800 Motion to Correct Sentence. Vick alleges
Category: Criminal Procedure
540 So. 2d 918, 14 Fla. L. Weekly 820, 1989 Fla. App. LEXIS 1622, 1989 WL 29023
District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 64641379
Published
Whitfield, 487 So.2d 1045 (Fla.1986) (amending Fla.R.Crim.P. 3.800(a)); Lomont v. State, 506 So.2d 1141 (Fla
Category: Criminal Procedure
506 So. 2d 1154, 12 Fla. L. Weekly 1213, 1987 Fla. App. LEXIS 8118
District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 64627019
Published
sentence. The provisions for modification under Fla.R.Crim.P. 3.800(b) allow only for modification of legal sentences
Category: Criminal Procedure
497 So. 2d 930, 11 Fla. L. Weekly 2368, 1986 Fla. App. LEXIS 10544
District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 64623061
Published
appellant’s motion to vacate an illegal sentence, (Fla.R.Crim.P. 3.800(a)), and vacate that portion of appellant’s
Category: Criminal Procedure
495 So. 2d 1221, 11 Fla. L. Weekly 2187, 1986 Fla. App. LEXIS 10190
District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 64622302
Published
period following the original sentence. See Fla.R.Crim.P. 3.800(b). Thus, the order placing appellant on
Category: Criminal Procedure
495 So. 2d 802, 11 Fla. L. Weekly 2024, 1986 Fla. App. LEXIS 9822
District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 64622194
Published
CURIAM.
AFFIRMED. The denial of Layton’s Fla.R.Crim.P. 3.800 and Fla.R.Juv.P. 8.250 motions is affirmed
Category: Criminal Procedure
479 So. 2d 826
District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616057
Published
PER CURIAM.
Affirmed. Fla.R.Crim.P. 3.800(a); Cruz v. State, 458 So.2d 826, 827 (Fla. 3d DCA 1984).
Category: Criminal Procedure
478 So. 2d 1109, 11 Fla. L. Weekly 316, 1985 Fla. App. LEXIS 16713
District Court of Appeal of Florida | Filed: Nov 8, 1985 | Docket: 64615720
Published
Judgment and Sentence” filed pursuant to Fla.R.Crim.P. 3.800. We affirm the order appealed.
Appellant
Category: Criminal Procedure
465 So. 2d 617, 1985 Fla. App. LEXIS 13094
District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 64610702
Published
PER CURIAM.
Affirmed. Fla.R.Crim.P. 3.800(b). See Fla.R.Crim.P. committee note to 1980 Amendment.
Category: Criminal Procedure
471 So. 2d 58, 10 Fla. L. Weekly 481, 1985 Fla. App. LEXIS 12529
District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 64612644
Published
unaware that a motion to reduce sentence, Fla.R.Crim.P. 3.800, did not toll the time for filing an appeal
Category: Criminal Procedure
442 So. 2d 376, 1983 Fla. App. LEXIS 24518
District Court of Appeal of Florida | Filed: Dec 9, 1983 | Docket: 64601522
Published
Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Fla.R.Crim.P. 3.800(b). Furthermore, an eviden-tiary hearing
Category: Criminal Procedure
411 So. 2d 290, 1982 Fla. App. LEXIS 19529
District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 64588630
Published
reducing or modifying the sentences pursuant to Fla.R.Crim.P. 3.800 to treat Miller as a youthful offender on
Category: Criminal Procedure
400 So. 2d 570, 1981 Fla. App. LEXIS 20478
District Court of Appeal of Florida | Filed: Jul 8, 1981 | Docket: 64583593
Published
sentence within sixty days of imposition. Fla.R.Crim.P. 3.800(b). While we recognize that the reconsideration
Category: Criminal Procedure
402 So. 2d 432, 1981 Fla. App. LEXIS 20373
District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 64584642
Published
court for relief from his sentence.
. See Fla.R.Crim.P. 3.800(a) and 3.850. Some Villery questions are
Category: Criminal Procedure
392 So. 2d 61
District Court of Appeal of Florida | Filed: Jan 7, 1981 | Docket: 64579517
Published
§ 39.02(5)(c), Fla.Stat. (1979).
. See Fla.R.Crim.P. 3.800(a) and 3.850.
Category: Criminal Procedure
390 So. 2d 773, 1980 Fla. App. LEXIS 18150
District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 64579001
Published
acted within the time period provided by Fla.R.Crim.P. 3.800(b), it did not totally lack subject matter
Category: Criminal Procedure
388 So. 2d 347, 1980 Fla. App. LEXIS 17674
District Court of Appeal of Florida | Filed: Sep 30, 1980 | Docket: 64578188
Published
rehearing for mitigation of sentence pursuant to Rule 3.800 Fla.R.Crim.P. We note that no appeal lies from
Category: Criminal Procedure
376 So. 2d 396, 1979 Fla. App. LEXIS 16029
District Court of Appeal of Florida | Filed: Oct 4, 1979 | Docket: 64572590
Published
discretion, may reduce the sentence pursuant to Fla.R. Crim.P. 3.800(b). We note from the record before us that
Category: Criminal Procedure
371 So. 2d 717, 1979 Fla. App. LEXIS 14816
District Court of Appeal of Florida | Filed: Jun 8, 1979 | Docket: 64570496
Published
sentence was illegal, to justify relief under Fla.R.Crim.P. 3.800 or 3.850.
After the passage of 60 days from
Category: Criminal Procedure
363 So. 2d 1100, 1978 Fla. App. LEXIS 16346
District Court of Appeal of Florida | Filed: Sep 13, 1978 | Docket: 64566848
Published
motion to correct the sentence pursuant to Fla.R.Crim.P. 3.800. By this motion the state once again sought
Category: Criminal Procedure
360 So. 2d 805, 1978 Fla. App. LEXIS 15958
District Court of Appeal of Florida | Filed: Jul 14, 1978 | Docket: 64565336
Published
for correction of the sentence pursuant to Fla. R.Crim.P. 3.800. After a hearing on this motion the court
Category: Criminal Procedure
353 So. 2d 635, 1977 Fla. App. LEXIS 17233
District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64562035
Published
is clear that a trial court pursuant to Fla.R.Crim.P. 3.800(b) may reduce a legal sentence at any time
Category: Criminal Procedure
350 So. 2d 558, 1977 Fla. App. LEXIS 16487
District Court of Appeal of Florida | Filed: Oct 7, 1977 | Docket: 64560493
Published
trial court reduced appellant’s sentence, Fla.R.Crim.P. 3.800 allowed a court to modify a sentence only
Category: Criminal Procedure
343 So. 2d 680, 1977 Fla. App. LEXIS 15270
District Court of Appeal of Florida | Filed: Mar 16, 1977 | Docket: 64557626
Published
occurred and the probation was revoked.
Fla.R.Crim.P. 3.800(b) provides that the trial court “may reduce
Category: Criminal Procedure