Florida Rule of Criminal Procedure 3.800 - CORRECTION, REDUCTION, AND MODIFICATION | Syfert Law

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Florida Rule of Criminal Procedure 3.800

RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION
OF SENTENCES


(a) Correction.

(1) Generally. A court may at any time correct an illegal
sentence imposed by it, or an incorrect calculation made by it in a
sentencing scoresheet, when it is affirmatively alleged that the court
records demonstrate on their face an entitlement to that relief,
provided that a party may not file a motion to correct an illegal
sentence under this subdivision during the time allowed for the
filing of a motion under subdivision (b)(1) or during the pendency of
a direct appeal.

(2) Successive Motions. A court may dismiss a second
or successive motion if the court finds that the motion fails to allege
new or different grounds for relief and the prior determination was
on the merits. When a motion is dismissed under this subdivision,
a copy of that portion of the files and records necessary to support
the court’s ruling must accompany the order dismissing the motion.

(3) Sexual Predator Designation. A defendant may seek
correction of an allegedly erroneous sexual predator designation
under this subdivision, but only when it is apparent from the face
of the record that the defendant did not meet the criteria for
designation as a sexual predator.

(4) Appeals. All orders denying or dismissing motions
under subdivision (a) must include a statement that the defendant
has the right to appeal within 30 days of rendition of the order.

(b) Motion to Correct Sentencing Error. A motion to
correct any sentencing error, including an illegal sentence or
incorrect jail credit, may be filed as allowed by this subdivision.
This subdivision shall not be applicable to those cases in which the
death sentence has been imposed and direct appeal jurisdiction is
in the supreme court under article V, section 3(b)(1) of the Florida
Constitution. The motion must identify the error with specificity
and provide a proposed correction. A response to the motion may be
filed within 15 days, either admitting or contesting the alleged error.
Motions may be filed by the state under this subdivision only if the
correction of the sentencing error would benefit the defendant or to
correct a scrivener’s error.

(1) Motion Before Appeal. During the time allowed for
the filing of a notice of appeal of a sentence, a defendant or the
state may file a motion to correct a sentencing error.

(A) This motion shall stay rendition under Florida
Rule of Appellate Procedure 9.020(h).

(B) Unless the trial court determines that the
motion can be resolved as a matter of law without a hearing, it shall
hold a calendar call no later than 20 days from the filing of the
motion, with notice to all parties, for the express purpose of either
ruling on the motion or determining the need for an evidentiary
hearing. If an evidentiary hearing is needed, it shall be set no more
than 20 days from the date of the calendar call. Within 60 days
from the filing of the motion, the trial court shall file an order ruling
on the motion. A party may file a motion for rehearing of any
signed, written order entered under subdivisions (a) and (b) of this
rule within 15 days of the date of service of the order or within 15
days of the expiration of the time period for filing an order if no
order is filed. A response may be filed within 10 days of service of
the motion. The trial court’s order disposing of the motion for
rehearing shall be filed within 15 days of the response but not later
than 40 days from the date of the order of which rehearing is
sought. A timely filed motion for rehearing shall toll rendition of the
order subject to appellate review and the order shall be deemed
rendered upon the filing of a signed, written order denying the
motion for rehearing.

(2) Motion Pending Appeal. If an appeal is pending, a
defendant or the state may file in the trial court a motion to correct
a sentencing error. The motion may be filed by appellate counsel
and must be served before the party’s first brief is served. A notice
of pending motion to correct sentencing error shall be filed in the
appellate court, which notice automatically shall extend the time for
the filing of the brief until 10 days after the clerk of circuit court
transmits the supplemental record under Florida Rule of Appellate
Procedure 9.140(f)(6).

(A) The motion shall be served on the trial court
and on all trial and appellate counsel of record. Unless the motion
expressly states that appellate counsel will represent the movant in
the trial court, trial counsel will represent the movant on the motion
under Florida Rule of Appellate Procedure 9.140(d). If the state is
the movant, trial counsel will represent the defendant unless
appellate counsel for the defendant notifies trial counsel and the
trial court that he or she will represent the defendant on the state’s
motion.

(B) The trial court shall resolve this motion in
accordance with the procedures in subdivision (b)(1)(B), except that
if the trial court does not file an order ruling on the motion within
60 days, the motion shall be deemed denied. Similarly, if the trial
court does not file an order ruling on a timely motion for rehearing
within 40 days from the date of the order of which rehearing is
sought, the motion for rehearing shall be deemed denied.

(C) In accordance with Florida Rule of Appellate
Procedure 9.140(f)(6), the clerk of circuit court shall supplement the
appellate record with the motion, the order, any amended sentence,
and, if designated, a transcript of any additional portion of the
proceedings.

(c) Reduction and Modification. A court may reduce or
modify to include any of the provisions of chapter 948, Florida
Statutes, a legal sentence imposed by it, sua sponte, or upon
motion filed, within 60 days after the imposition, or within 60 days
after receipt by the court of a mandate issued by the appellate court
on affirmance of the judgment and/or sentence on an original
appeal, or within 60 days after receipt by the court of a certified
copy of an order of the appellate court dismissing an original appeal
from the judgment and/or sentence, or, if further appellate review
is sought in a higher court or in successively higher courts, within
60 days after the highest state or federal court to which a timely
appeal has been taken under authority of law, or in which a petition
for certiorari has been timely filed under authority of law, has
entered an order of affirmance or an order dismissing the appeal
and/or denying certiorari. If review is upon motion, the trial court
shall have 90 days from the date the motion is filed or such time as
agreed by the parties or as extended by the trial court to enter an
order ruling on the motion. This subdivision shall not be applicable
to those cases in which the death sentence is imposed or those
cases in which the trial judge has imposed the minimum mandatory
sentence or has no sentencing discretion.

Committee Notes

1968 Adoption. Same as sections 921.24 and 921.25, Florida
Statutes. Similar to Federal Rule of Criminal Procedure 35.

1972 Amendment. Same as prior rule.

1977 Amendment. This amendment provides a uniform time
within which a defendant may seek a reduction in sentence and
excludes death and minimum mandatory sentences from its
operation.

1980 Amendment. Permits the sentencing judge, within the
60–day time period, to modify as well as to reduce the sentence
originally imposed. Such modification would permit the judge to
impose, in the modification, any sentence which could have been
imposed initially, including split sentence or probation. The trial
judge may not, in such modification, increase the original sentence.

1996 Amendments. Subdivision (b) was added and existing
subdivision (b) was renumbered as subdivision (c) in order to
authorize the filing of a motion to correct a sentence or order of
probation, thereby providing a vehicle to correct sentencing errors
in the trial court and to preserve the issue should the motion be
denied. A motion filed under subdivision (b) is an authorized motion
which tolls the time for filing the notice of appeal. The presence of a
defendant who is represented by counsel would not be required at
the hearing on the disposition of such a motion if it only involved a
question of law.

2000 Amendment. The amendment to subdivision (a) is
intended to conform the rule with State v. Mancino, 714 So. 2d 429
(Fla. 1998).

Court Commentary

1999 Amendments. Rule 3.800(b) was substantially rewritten
to accomplish the goals of the Criminal Appeal Reform Act of 1996
(Ch. 96-248, Laws of Fla.). As revised, this rule permits the filing of
a motion during the initial stages of an appeal. A motion pursuant
to this rule is needed only if the sentencing error has not been
adequately preserved for review at an earlier time in the trial court.

The State may file a motion to correct a sentencing error
pursuant to rule 3.800(b) only if the correction of that error will
benefit the defendant or correct a scrivener’s error. This amendment
is not intended to alter the substantive law of the State concerning
whether a change to the defendant’s sentence violates the
constitutional prohibition against double jeopardy. See, e.g.,
Cheshire v. State, 568 So. 2d 908 (Fla. 1990); Goene v. State, 577
So. 2d 1306, 1309 (Fla. 1991); Troupe v. Rowe, 283 So. 2d 857, 859
(Fla. 1973).

A scrivener’s error in this context describes clerical or
ministerial errors in a criminal case that occur in the written
sentence, judgment, or order of probation or restitution. The term
scrivener’s error refers to a mistake in the written sentence that is
at variance with the oral pronouncement of sentence or the record
but not those errors that are the result of a judicial determination
or error. See, e.g., Allen v. State, 739 So. 2d 166 (Fla. 3d DCA 1999)
(correcting a “scrivener’s error” in the written order that adjudicated
the appellant in contempt for “jailing polygraph exam”); Pressley v.
State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s
error in the sentencing documents that identified the defendant as
a habitual offender when he was not sentenced as a habitual
offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999)
(correcting scrivener’s error that resulted from the written sentence
not identifying the defendant as a habitual offender although the
court had orally pronounced a habitual offender sentence), review
denied, 732 So. 2d 328 (Fla. 1999); McKee v. State, 712 So. 2d 837
(Fla. 2d DCA 1998) (remanding for the trial court to determine
whether a scrivener’s error occurred where the written order of
probation imposed six years’ probation, which conflicted with the
written sentence and the trial court minutes that reflected only five
years’ probation had been imposed); Florczak v. State, 712 So. 2d
467, 467 (Fla. 4th DCA 1998) (correcting a scrivener’s error in the
judgment of conviction where the defendant was acquitted of grand
theft but the written judgment stated otherwise); Stombaugh v.
State, 704 So. 2d 723, 725-26 (Fla. 5th DCA 1998) (finding a
scrivener’s error occurred where the State had nol prossed a count
of the information as part of plea bargain but the written sentence
reflected that the defendant was sentenced under that count). But
see Carridine v. State, 721 So. 2d 818, 819 (Fla. 4th DCA 1998)
(trial court’s failure to sign written reasons for imposing an upward
departure sentence did not constitute a scrivener’s error that could
be corrected nunc pro tunc by the trial court), and cases cited
therein.

When a trial court determines that an evidentiary hearing is
necessary to resolve a factual issue, it is possible that the court will
need to utilize the entire 60–day period authorized by this rule.
However, trial courts and counsel are strongly encouraged to
cooperate to resolve these motions as expeditiously as possible
because they delay the appellate process. For purposes of this rule,
sentencing errors include harmful errors in orders entered as a
result of the sentencing process. This includes errors in orders of
probation, orders of community control, cost and restitution orders,
as well as errors within the sentence itself.

2015 Amendments. The amendment to rule 3.800(a)(2) is not
intended to render inapplicable the “manifest injustice” exception as
described in State v. McBride, 848 So. 2d 287 (Fla. 2003).

Cases Citing Rule 3.800

Total Results: 4200

State v. Mancino

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

State v. McBride

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

Jackson v. State

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

Maddox v. State

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

Williams v. State

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

Carter v. State

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

Mitchell A. Insignares v. Secretary, Florida Department of Corrections

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

Shortridge v. State

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

Davis v. State

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

Bush v. State

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

Brooks v. State

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

Lynch v. State

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

Steward v. State

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

Bover v. State

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

Harris v. State

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

Coughlin v. State

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

Blakley v. State

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

Nix v. State

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

Jordan v. State

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

Brannon v. State

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

Johnson v. State

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

Thomas Lynn Cramer v. Secretary, Dept. of Corr.

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

William J. Plott v. State of Florida

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

State v. Hunter

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

Maddox v. State

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

Henry v. State

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

Ace Patterson v. Secretary, Florida Department of Corrections

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

Isaac v. State

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

Michael Anthony Ford v. Michael W. Moore

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

Burgess v. State

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

Hopping v. State

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

Wright v. State

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

Paul v. State

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

Raley v. State

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

Derrell J. Chamblee v. State of Florida

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

Derrell J. Chamblee v. State of Florida

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

Zuluaga v. State, Dept. of Corrections

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

Hidalgo v. State

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

Odom v. State

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

Williams v. State

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

MacK v. State

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

Toro v. State

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

Judge v. State

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

Ritter v. State

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

Carpenter v. State

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

Nelson v. State

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

Baker v. State

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

Jimmy Smith v. State

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

Hannum v. State

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

Hannum v. State

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

Linda Michael v. James Crosby

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

Ladarius Brooks v. State of Florida

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

Cromartie v. State

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

Willard v. State

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

Ives v. State

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

Franke v. State

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

State v. Mancino

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

Jones v. State

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

Thomas v. State

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

Valdes v. State

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

Concepcion v. State

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

Kimbrough v. State

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

Hepburn v. State

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

Flowers v. State

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

Burrows v. State

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

Burrows v. State

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

Solomon v. State

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

Nawaz v. State

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

Harriel v. State

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

State v. Akins

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

Saintelien v. State

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

Nielson v. State

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

Broom v. State

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

Figarola v. State

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

Lacey v. State

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

King v. State

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

Garnett v. State

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

Langdon v. State

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

Ayoub v. State

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

Maybin v. State

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

Nicholson v. State

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

Cook v. State

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

Leath v. State

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

Jackson v. State

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

Gafford v. State

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

Hope v. State

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

Goodson v. State

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

Ziegler v. State

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

Haynes v. State

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

Maestas v. State

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

Lopez v. State

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

Lopez v. State

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

Branch v. State

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

Ray v. State

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

Ray v. State

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

Blocker v. State

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

Reeves v. State

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

Kidd v. State

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

Nedd v. State

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

George C. Delancy v. Florida Department of Corrections, Michael Moore, Secretary, Respondents

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

Shaw v. State

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

Hyden v. State

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

Linton v. State

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

Linton v. State

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

Smith v. State

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

Wyndel R. Hall v. Secretary, Department of Corrections

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

Ogden v. State

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

Knight v. State

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

Forbes v. State

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

Pleasure v. State

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

Howard v. State

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

Frumenti v. State

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

Whitehead v. State

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

Whitehead v. State

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

Fitzpatrick v. State

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

Fitzpatrick v. State

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

Rinderer v. State

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

Reed v. State

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

Patterson v. State

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

Jenkins v. State

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

Bover v. State

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

Rodriguez v. State

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

White v. State

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

Barber v. State

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

Thompson v. Secretary, Department of Corrections

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

Thompson v. Secretary, Department of Corrections

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

Johnson v. State

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

Swain v. State

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

Jones v. State

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

Allen v. State

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

Lyons v. State

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

Kiriazes v. State

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

West v. State

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

Vidak v. State

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

Nelson v. State

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

Summers v. State

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

Adams v. State

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

Lee v. State

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

Boerstler v. State

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

Purvis v. Lindsey Ex Rel. State

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

Sanchez v. State

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

Brown v. State

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

Cochenet v. State

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

Michael Rogers v. Secretary, Department of Corrections

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

Aponte v. State

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

Jose Martinez v. State of Florida

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

Mills v. State

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

State v. McMahon

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

Rivera v. State

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

Brown v. State

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

Stang v. State

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

Theophile v. State

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

Rangel v. State

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

Brooks v. State

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

Guerra v. State

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

Barber v. State

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

Hakkenberg v. State

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

Smith v. State

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

Woods v. State

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

McGuire v. State

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

Day v. State

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

Cargle v. State

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

Hampton v. State

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

Moore v. State

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

Brown v. State

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

Roauer v. State

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

Brantley v. Holloway

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

Reynolds v. State

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

Deleon v. State

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

Blacker v. State

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

Johnson v. State

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

Sweet v. State

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

Gomez v. State

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

Delemos v. State

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

Bruno v. State

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

Bruno v. State

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

Byrd v. State

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

Clayton v. State

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

Jones v. State

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

Berthiaume v. State

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

Harvey v. State

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

Edwards v. State

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

Mitchell v. State

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

State v. Richardson

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

Fuston v. State

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

Thompson v. State

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

Davis v. State

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

Chojnowski v. State

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

Baldwin v. State

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

Martell v. State

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

Fountain v. State

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

Davenport v. State

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

State v. Sotto

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

Yisrael v. State

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

Yisrael v. State

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

Vick v. State

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

Kittles v. State

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

A.L.B. v. State

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

Ransone v. State

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

Mapp v. State

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

Brinson v. State

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

Velez v. State

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

Childers v. State

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

Epperson v. State

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

Langford v. State

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

Harley v. State

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

Davis v. State

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

Friss v. State

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

Johnson v. State

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

Perreault v. State

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

Gill v. State

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

Williams v. State

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

McBride v. State

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

Weford v. State

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

Swilley v. State

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

Columbro v. State

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

Hart v. State

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

Austin v. State

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

Jenkins v. State

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

Jenkins v. State

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

Romano v. State

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

Dodson v. State

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

Nathan v. State

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

Williams v. State

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

State v. Smith

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

Suggs v. State

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

Eddie Adams v. State

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

Gordon v. State

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

Casteel v. State

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

Sims v. State

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

Hernandez v. State

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

Gisi v. State

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

Martinez v. State

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

Albarracin v. State

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

Spaulding v. State

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

Marshall v. State

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

Miran v. State

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

Gonzalez v. State

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

Schlabach v. State

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

Mendez v. State

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

State v. Geoghagan

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

ALB v. State

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

Mauldin v. State

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

Mendenhall v. State

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

Mendenhall v. State

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

Beasley v. State

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

Bradley v. State

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

Bradley v. State

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

Simms v. State

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

Lauramore v. State

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

Dadds v. State

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

Johnson v. State

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

Smith v. State

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

Britt v. State

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

Diaz v. State

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

Diaz v. State

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

Renaud v. State

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

Renaud v. State

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

Seward v. State

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

Lopez v. State

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

Sands v. State

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

Wright v. State

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

Virgil v. State

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

Snyder v. State

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

James v. State

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

Timmer v. State

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

Swanson v. State

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

Jolly v. State

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

Rowan v. State

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

Capre v. State

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

Atwood v. State

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

Robinson v. State

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

Fenter v. State

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

Gartrell v. State

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

Stewart v. State

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

Kelly v. State

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

Odegaard v. State

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

Atwell v. State

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

Walden v. State

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

Figueroa v. State

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

Jordan v. State

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

State v. Ortiz

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

Green v. State

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

Frison v. State

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

Mapp v. State

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

Tasker v. State

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

Dunbar v. State

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

Beard v. State

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

Foss v. State

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

Campo v. State

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

O'NEILL v. State

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

Brown v. State

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

Woody v. State

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

Cary v. State

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

Bodie v. State

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

Barnes v. State

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

Sanchez v. State

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

Migdal v. State

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

L'HEUREUX v. State

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

Mowatt v. State

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

McGuire v. State

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

McCormick v. State

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

Cunningham v. State

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

Cunningham v. State

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

Eason v. State

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

Agosto-Molina v. State

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

Ericson v. State

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

Wencel v. State

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

Wilson v. State

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

Wilson v. State

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

King v. State

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

State v. Carlson

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

Jones v. State

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

Rodriguez v. State

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

Woods v. State

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

Harris v. State

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

Newson v. State

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

Lang v. State

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

Tyson v. State

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

State v. Williams

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

Smith v. State

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

Lewis v. State

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

Schutte v. State

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

State v. Rudolf

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

Geri v. State

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

Carter v. State

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

Campbell v. State

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

Casey v. State

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

Campbell-Eley v. State

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

State v. Scibana

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

Locke v. State

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

Roberts v. State

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

Cargle v. State

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

Smith v. State

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

Barfield v. State

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

Young v. State

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

Campbell v. State

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

Murrell v. State

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

Lawrence v. State

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

Yates v. State

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

Vizzi v. State

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

Vizzi v. State

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

Hester v. State

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

Planas v. State

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

Rankin v. State

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

Jacobs v. State

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

St. Cyr v. State

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

Pifer v. State

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

Saavedra v. State

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

Farrar v. State

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

Brown v. State

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

Dorsey v. State

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

Jackson v. State

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

Davis v. State

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

Graham v. State

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

Perdue v. State

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

Brown v. State

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

Raines v. State

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

Walters v. State

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

Cheatum v. State

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

Boyd v. State

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

Andrew v. State

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

Brown v. State

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

Evans v. State

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

Alexander v. Secretary, Dept. of Corrections

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

Watts v. State

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

Kablitz v. State

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

Valentin v. State

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

Harris v. State

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

Bacchus v. State

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

Johnson v. State

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

Pugh v. State

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

Ladson v. State

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

Cunniff v. State

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

Jackson v. State

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

Sweeney v. State

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

Zink v. State

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

Martinez v. State

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

Blanding v. State

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

Jackson v. State

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

Thomas v. State

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

Thomas v. State

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

Petscher v. State

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

State v. Grandstaff

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

Jackson v. State

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

Lewis v. State

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

Grubb v. State

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

Velazquez v. State

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

Byers v. State

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

McIntosh v. State

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

Garcia v. State

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

Gillespie v. State

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

Prince v. State

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

Proctor v. State

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

Alfonso v. State

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

Snell v. State

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

Covell v. State

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

Allende v. State

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

Lloyd v. State

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

McClendon v. State

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

Wright v. State

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

Mooney v. State

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

Mooney v. State

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

Collins v. State

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

Tucker v. State

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

Hernandez v. State

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

Suarez v. State

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

Brown v. State

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

Martin v. State

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

Braun v. State

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

Drayton v. State

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

Govea v. State

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

Buchanan v. State

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

McCullough v. State

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

Burgos v. State

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

Lee v. State

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

Hollis v. State

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

Bunch v. State

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

Williams v. State

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

Werts v. State

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

Carter v. State

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

Hernandez v. State

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

Singletary v. Marchetti

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

Singletary v. Marchetti

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

Hall v. State

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

Scott v. State

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

Casmay v. State

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

Hicks v. State

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

Deese v. State

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

Deese v. State

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

Vann v. State

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

MARK GORDON ANDERSON v. STATE OF FLORIDA

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

Currie v. State

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

Bradford B. Banks, Jr. v. State

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

Cameron Cox v. Secretary Florida Department of Corrections

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

Ferguson v. State

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

Adkins v. State

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

Hatten v. State

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

Collier v. State

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

Harrison v. State

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

Gaston v. State

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

Collando-Pena v. State

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

Ellis v. State

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

State v. Harris

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

Rosado v. State

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

Cosme v. State

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

Adams v. State

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

Rutherford v. State

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

Smith v. State

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

Guilford v. State

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

Kleppinger v. State

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

Crittenden v. State

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

Guzman v. State

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

Williams v. State

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

MUYICO v. State

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

GURTH v. State

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

Gerali v. State

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

KWAPIL v. State

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

Ibarra v. State

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

Williams v. State

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

Edwards v. State

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

Marshall v. State

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

Rogers v. State

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

WOMBAUGH v. State

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

Fortner v. State

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

Santiago v. State

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

Sanders v. State

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

Harris v. State

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

Jaimes v. State

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

Purifoy v. State

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

LIRANZO-CRUZATA v. State

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

Betty v. State

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

Mills v. State

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

Stokes v. State

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

State v. Galazz

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

State v. Galazz

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

Mims v. State

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

Ruiz v. State

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

Ruiz v. State

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

Brinson v. State

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

Troutman v. State

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

Donaldson v. State

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

Griffin v. State

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

Griffin v. State

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

Warren v. State

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

De La Rosa v. State

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

Beal v. State

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

Sousa v. State

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

Lago v. State

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

Fillmore v. State

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

Taylor v. State

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

Brothers v. State

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

Hayes v. State

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

Nash v. State

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

MacK v. State

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

CALIDONIO v. State

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

Butler v. State

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

OH v. State

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

Boyer v. State

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

Montoya v. State

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

White v. State

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

Calzada v. State

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

Thurston v. State

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

Howard v. State

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

Horne v. State

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

Rodriguez v. State

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

Ladson v. State

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

Marese v. State

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

Isom v. State

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

Decoste v. State

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

Taylor v. State

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

Jones v. State

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

Reese v. State

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

King v. State

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

Long v. State

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

Ortiz v. State

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

Latulip v. State

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

England v. State

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

Hankerson v. State

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

Dorsett v. State

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

Obando v. State

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

Wood v. State

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

Leiffer v. State

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

Whitfield v. State

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

Staveley v. State

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

Oxendine v. State

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

Lindsay v. State

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

Williams v. State

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

Bines v. State

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

Gaynor v. State

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

State v. Anderson

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

Wiggins v. State

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

Blake v. State

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

Cox v. State

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

Steelman v. State

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

Wilson v. State

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

Smith v. Moore

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

Brown v. State

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

Hepburn v. State

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

State v. Clark

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

Colosimo v. State

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

Shannon v. State

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

Maynard v. State

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

Kissel v. State

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

Kissel v. State

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

Speer v. State

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

Daily v. State

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

Louissaint v. State

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

Powell v. State

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

Knafel v. State

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

Gonzalez v. Singletary

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

Gonzalez v. Singletary

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

Speights v. State

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

Pryor v. State

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

Johnson v. State

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

Johnson v. State

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

Hammond v. State

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

Holley v. State

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

Early v. State

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

Wilson v. State

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

State v. Mancil

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

Larry Michael Thorne v. State of Florida

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

Planas v. State

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

Laverne Brown v. State of Florida

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

Jon Paul Hogle v. State of Florida

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

Qavontae MacHell Lang v. State of Florida

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

Darion Johnson v. State

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

GIANNI LIZANO v. STATE OF FLORIDA

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

Sedell v. State

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

Young v. Florida Commission on Offender Review

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

Cox v. State

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

Butner v. State

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

Lavers v. State

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

Martinez v. State

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

Ivory Lee Robinson v. State of Florida

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

Adams v. State

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

Adams v. State

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

Jimenez v. State

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

Marchan v. State

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

Porkolab v. State

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

Zavon Deshawn Taylor v. State of Florida

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

George v. State

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

Durant v. State

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

Elmore v. State

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

Amanda Lee Hobgood v. State of Florida

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

Amanda Lee Hobgood v. State of Florida

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

Narayan v. State

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

Smith v. State

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

Ford v. State

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

Elmer v. State

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

Shultz v. State

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

Shultz v. State

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

Landrum v. State

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

Gomez v. State

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

Gomez v. State

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

Suffield v. State

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

In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate 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

Noel v. State

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

Janvier v. State

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

Wade v. State

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

Hernandez v. State

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

DeSalvo v. State

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

Harry Elwood Penney v. Secretary, Department of Correctioins

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

Cummings v. State

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

Holmes v. State

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

Shivers v. State

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

Shea v. State

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

Jackson v. State

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

Stangarone v. State

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

Hills v. State

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

McCall v. State

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

Josephs v. State

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

Young v. State

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

Kittles v. State

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

Plott v. State

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

Dabel v. State

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

Bryant v. State

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

Goldberg v. State

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

LABOMBARD v. State

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

Harvey v. State

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

Garcia v. State

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

Stowe v. State

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

Vaughn v. State

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

Calandra v. State

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

Sneed v. State

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

McLendon v. State

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

McLendon v. State

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

Holton v. State

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

Johnson v. State

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

Bryant v. State

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

Barrington v. State

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

State v. A.C.

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

State v. AC

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

Falco v. State

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

Falco v. State

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

Hankins v. State

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

McMillan v. State

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

Levy v. State

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

Jordan v. State

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

White v. State

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

Hutchinson v. State

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

Gillis v. State

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

Gillis v. State

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

Varela v. State

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

Del Valle v. State

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

Tatum v. State

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

Hayes v. State

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

Seymour v. State

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

Reeves v. State

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

Davis v. State

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

Pilon v. State

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

Dupree v. State

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

FREEMAN-JEW v. State

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

Beals v. State

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

Stephens v. State

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

Jerry v. State

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

Deatherage v. State

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

Tasker v. State

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

Parker v. McNeil

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

RIGUEIRO v. State

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

Brudnock v. State

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

Eberheart v. State

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

Eberheart v. State

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

Harper v. State

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

MacIas v. State

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

Breitberg v. State

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

Thompkins v. State

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

Hicks v. State

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

Walker v. State

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

Miller v. State

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

Webster v. State

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

Brander v. State

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

Coney v. State

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

Robbins v. State

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

Atterbury v. State

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

Atterbury v. State

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

Bannister v. State

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

Bannister v. State

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

Williams v. State

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

Anderson v. State

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

Anderson v. State

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

Linnon v. State

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

Morgan v. State

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

Gonzalez v. State

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

Foley v. State

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

Alexander v. Secretary, Dept. of Corrections

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

State v. Lyons

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

Sutton v. FLORIDA PAROLE COM'N

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

Mann v. State

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

Barcelona v. State

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

Downs v. State

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

Kramer v. State

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

Grimsley v. State

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

Gunn v. State

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

Pearce v. State

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

Perez v. State

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

Mullins v. State

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

Knowles v. State

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

Turner v. State

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

Jones v. State

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

Clark v. State

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

Wills v. State

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

Manning v. State

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

Alfonzo v. State

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

Seeber v. State

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

Dasher v. State

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

Mathis v. State

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

Parrish v. State

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

Davis v. State

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

Brunson v. State

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

Young v. State

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

Robinson v. State

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

Livingston v. State

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

Harnage v. State

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

Rogers v. State

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

Debuisson v. State

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

Penoyer v. State

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

Floyd v. State

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

LaLonde v. State

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

Bolen v. State

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

Walker v. State

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

Atterbury v. State

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

Baker v. State

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

Hinkel v. State

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

Hinkel v. State

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

Stapler v. State

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

Michel v. State

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

Pruitt v. State

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

Ramos v. State

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

Broughton v. State

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

Coleman v. State

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

Akins v. State

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

Martinez v. State

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

Hollinger v. State

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

Spears v. State

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

Grace v. State

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

Vonador v. State

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

Cooper v. State

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

Murnahan v. State

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

Brown v. State

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

Harris v. State

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

State v. Mendiola

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

Demosthenes v. State

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

Burchfield v. State

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

Harper v. State

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

Coffelt v. State

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

Evans v. State

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

Sheffield v. State

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

Doyon v. DEPARTMENT OF HIGHWAY SAFETY

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

Gay v. State

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

Smith v. State

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

Brownlee v. State

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

Hogan v. State

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

Hogan v. State

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

Smith v. State

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

Smith v. State

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

Higgins v. State

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

Hill v. State

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

Speas v. State

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

Vrobel v. State

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

Smith v. State

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

Thomas v. State

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

Moore v. State

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

McGill v. State

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

Hansell v. State

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

Washington v. State

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

Wachter v. State

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

Carter v. State

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

Koester v. State

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

Sapp v. State

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

Pittman v. State

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

Walker v. State

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

Walker v. State

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

Thomas v. State

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

Clark v. State

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

Clark v. State

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

McDonald v. State

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

Washington v. State

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

Hayden v. State

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

McCraney v. State

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

Jefferson v. State

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

Barron v. State

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

Felder v. State

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

Jackson v. State

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

Saunders v. State

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

Dickson v. State

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

Gross v. State

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

McKowen v. State

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

Phillips v. State

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

Dawson v. State

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

Lenoir v. State

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

Wilson v. State

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

Routenburg v. State

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

Tidwell v. State

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

Skullestad v. State

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

Schneider v. State

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

Schneider v. State

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

Young v. State

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

Garrett v. State

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

Russell v. State

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

Ferro v. State

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

Samuels v. State

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

Marciniak v. State

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

Sanchez v. State

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

Spivey v. State

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

Chico v. State

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

Stoutamire v. State

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

Collins v. State

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

Crompton v. State

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

Jett v. State

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

TG v. State

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

Greenwood v. State

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

Roy v. State

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

Smith v. State

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

Hinson v. State

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

Moreland v. State

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

State v. Moten

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

Bowling v. State

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

TWL v. State

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

Syverson v. State

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

Grimes v. State

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

Fance v. State

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

Wright v. State

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

Jean v. State

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

Davis v. State

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

McGowan v. State

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

Bolden v. State

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

Lawley v. State

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

Alexander v. State

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

Hayes v. State

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

De La Paz v. State

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

NICKOLAS WHITE v. STATE OF FLORIDA

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

KEVIN ROLAND v. STATE OF FLORIDA

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

Michael John Triatik v. State of Florida

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

Eady v. State

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

EDDIE ISAAC BEAN v. STATE OF FLORIDA

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

Thomas E. King v. State of Florida

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

Peoples v. State

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

Espinosa v. State

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

LENIST KEY v. STATE OF FLORIDA

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

Francis Majak Lai v. State of Florida

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

Francis Majak Lai v. State of Florida

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

JAMES RAY PARISH v. STATE OF FLORIDA

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

JAMES RAY PARISH v. STATE OF FLORIDA

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

Justin Rashad Howard v. State of Florida

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

Adrian P. Smith v. State of Florida

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

Adrian P. Smith v. State of Florida

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

JESSIE WILLIAMS v. STATE OF FLORIDA

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

RICHARD ALBERT ROBERTS v. STATE OF FLORIDA

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

Bryant v. State

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

Debose v. State

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

Garrett v. State

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

McCormack v. State

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

Brown v. State

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

Green v. State

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

Billups v. State

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

Parks v. State

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

Singleton v. State

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

Simmons v. State

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

Griffith v. State

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

Romano v. State

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

Blair v. State

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

Robert G. Smart v. State

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

Baker v. State

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

Kopson v. State

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

Kopson v. State

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

Willie J. Jones v. State

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

Ware v. State

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

Ware v. State

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

Huffman v. State

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

Jermaine C. Jackson v. State of Florida

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

Sanders v. State

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

Gay v. State

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

Williams v. State

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

Rolling v. State

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

Byrd v. State

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

In re Amendments to the Florida Rules of 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

Davis v. State

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

Denny Ray Hughes v. State of Florida

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

State of Florida v. Walford Folkes

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

Jackson v. State

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

State v. Redden

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

Lakey v. State

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

Buckhalter v. State

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

In Re AMENDMENTS TO the FLORIDA RULES OF 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

Jose Martinez v. State of Florida

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

Plott v. State

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

Demott v. State

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

Samuel Calixte v. State

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

Corey McClain v. State of Florida

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

Andrako Bradley v. State

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

Lindquist v. State

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

State v. Hodges

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

State v. Hodges

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

Johnson v. State

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

Mazer v. State

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

Debra LaFave v. State of Florida

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

Reginald L. Bryant v. State of Florida

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

Richard Leroy Hayes v. State of Florida

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

Pippins v. State

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

Pippins v. State

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

Shuler v. State

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

Conley v. State

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

Taylor v. State

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

Jermaine D. Logan v. State

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

Neverson v. State

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

McKernan v. State

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

Willis v. State

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

Robertson v. State

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

Jackson v. State

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

Filppula v. State

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

Pierce v. State

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

Jones v. State

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

Hanna v. State

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

Brown v. State

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

Wheeler v. State

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

State v. Stephens

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

Boyington v. State

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

Barrett v. State

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

Scharman v. Crews

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

Regisma v. State

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

State v. Manning

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

Adams v. State

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

Perez v. State

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

Lake v. State

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

Hagans v. State

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

Sharpe v. State

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

Youman v. State

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

Lightsey v. State

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

Golfe v. State

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

Whitney v. State

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

Bracey v. State

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

Wilkins v. State

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

Williams v. State

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

Noel v. State

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

Lawson v. State

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

Dortly v. State

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

Young v. State

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

Kimble v. State

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

Tukes v. State

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

Hope v. State

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

Hall v. State

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

Morrow v. State

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

Carter v. State

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

Baker v. State

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

Smith v. State

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

Flewellen v. State

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

Dominguez v. State

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

Wright v. State

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

Bayson v. State

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

Taylor v. State

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

Hudson v. State

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

Ochala v. State

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

Hartman v. State

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

Manspeaker v. State

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

Brooks v. State

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

Jarrett v. State

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

King v. State

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

King v. State

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

Termitus v. State

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

Owens v. State

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

Fleming v. State

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

NAILON v. State

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

Fredrick v. State

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

Williams v. State

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

Ingraham v. State

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

Jones v. State

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

Kline v. State

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

Schlumpf v. State

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

Gridine v. State

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

Gridine v. State

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

Crawford v. State

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

Adorno v. State

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

Barnes v. State

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

Page v. State

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

Barthelemy v. State

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

Clark v. State

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

Higginbotham v. State

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

Blackwell v. State

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

Shelton v. Secretary, Department of Corrections

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

Butler v. State

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

Butler v. State

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

Faurisma v. State

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

Cabrera v. State

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

DeSUE v. State

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

Green v. State

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

DOUSE v. State

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

Washington v. State

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

Jones v. State

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

McDuffie v. State

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

Thompson v. State

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

Gallegos v. State

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

Boyd v. State

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

Hill v. State

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

Paul v. State

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

Franklin v. State

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

Linder v. State

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

Black v. State

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

Williams v. State

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

Harris v. State

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

Hutto v. State

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

Jackson v. State

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

Johnson v. State

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

Rucker v. State

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

Adderly v. State

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

Johnson v. State

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

Torres v. State

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

Mendez v. State

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

Bishop v. State

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

Allwine v. State

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

Bacallao v. State

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

Donaldson v. State

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

Donaldson v. State

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

METAXOTOS v. State

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

Lunardi v. State

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

Ross v. State

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

Ricks v. State

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

Rivera v. State

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

Wighard v. State

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

Jones v. State

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

Bivins v. State

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

Shirley v. State

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

Carson v. State

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

Velazquez v. State

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

Ross v. State

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

SR v. State

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

Bell v. State

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

Flowers v. State

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

Capers v. State

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

Dougherty v. State

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

Jackson v. State

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

Reynolds v. State

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

IRRIZARY v. State

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

Chacon v. State

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

Jordan v. State

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

Stark v. State

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

Bartee v. State

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

Morris v. State

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

Wilson v. State

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

Smith v. State

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

Rybolt v. State

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

MIRTO v. State

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

Bryant v. State

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

Moncher v. State

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

Teague v. State

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

Bassett v. State

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

West v. State

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

ORTUNO v. State

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

Perez v. State

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

Nelson v. State

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

RUTIG v. State

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

Rivers v. State

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

Dennis v. State

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

Brantley v. State

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

Brantley v. State

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

Davis v. State

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

AYALA-LAIES v. State

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

Joseph v. State

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

Keitt v. State

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

Simms v. State

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

Sanchez v. State

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

Aumiller v. State

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

Aumiller v. State

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

Young v. State

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

Williams v. State

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

McElrath v. State

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

Allen v. State

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

Watkins v. State

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

Hogan v. State

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

Geralds v. State

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

Dennis v. State

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

Sloan v. State

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

Smith v. State

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

Wilcher v. State

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

Kirkland v. State

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

Taylor v. State

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

Thompson v. State

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

Tanzler v. State

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

Williams v. State

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

LORMEUS v. State

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

Vega v. State

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

Reyes v. State

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

Osegueda v. State

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

Edney v. State

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

King v. State

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

Giggetts v. State

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

Giggetts v. State

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

Brown v. State

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

Hines v. State

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

Owens v. State

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

Dunn v. State

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

Canada v. State

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

Gunn v. State

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

Bamber v. State

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

O'LEARY v. State

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

Hines v. State

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

Jesel v. State

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

LAHRIZI v. State

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

Harris v. State

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

Scott v. State

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

Phillips v. State

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

Byrd v. State

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

Bryant v. State

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

Love v. State

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

Seward v. State

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

DE PENA v. State

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

Varela v. State

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

Barrier v. State

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

Ferrell v. Lamberti

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

LeBlanc v. State

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

Roberts v. State

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

RAMBEAU v. State

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

Mickens v. State

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

Cisneros v. State

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

Harris v. State

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

Jones v. State

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

Conney v. State

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

RACENE v. State

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

Morrison v. State

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

Williams v. State

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

Bunch v. State

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

Arce v. State

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

Johnson v. State

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

Ward v. State

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

Ellison v. State

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

Martinez v. State

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

Young v. State

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

Smith v. State

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

Peel v. State

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

Carter v. State

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

Reaves v. State

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

Matyjasik v. State

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

Rudolph v. State

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

Gibson v. State

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

Nedd v. State

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

Esteves v. State

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

Lopez-Vasquez v. State

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

Brown v. State

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

McCloud v. State

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

McCloud v. State

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

Silverstein v. State

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

Lago v. State

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

Grieco v. State

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

McCall v. State

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

McCall v. State

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

Woodson-Kenon v. State

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

Griffin v. State

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

Ocasio v. State

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

Scott v. State

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

Parris v. State

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

Williams v. State

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

Rodriguez v. State

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

Collins v. State

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

Gabriel v. State

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

Piacitelli v. State

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

Morency v. State

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

Bean v. State

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

Durden v. State

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

Stewart v. State

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

Cernak v. State

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

Del Valle v. State

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

Ruffin v. State

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

Renfro v. State

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

Mathis v. State

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

Mathis v. State

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

Tejeda v. State

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

Nix v. State

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

Terry v. State

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

Eubanks v. State

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

Quilling v. State

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

Quilling v. State

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

Young v. State

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

Brown v. State

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

Seward v. State

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

Martin v. State

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

Filmore v. State

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

Baker v. State

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

Rowe v. State

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

Wilkins v. State

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

Schuettler v. State

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

Moore v. State

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

Catlin v. State

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

Acres v. State

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

Readon v. State

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

Bailey v. State

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

Johnson v. State

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

Shepherd v. State

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

McGraw v. State

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

Robinson v. State

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

Butler v. State

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

Williams v. State

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

Thomas v. State

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

MacAluso v. State

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

Mathews v. State

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

Ali v. State

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

Marshall v. State

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

Selwyn v. State

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

Patterson v. State

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

Clark v. State

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

Paige v. State

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

Smith v. State

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

Harris v. State

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

Telfair v. State

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

Houser v. State

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

Bell v. State

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

Binkley v. State

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

Evans v. State

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

Scheffer v. State

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

Sheely v. State

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

Cotterell v. State

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

Plucinik v. State

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

Cook v. State

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

Almenares v. State

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

Zook v. State

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

Ellis v. State

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

Dominguez v. State

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

Ward v. State

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

Holmes v. State

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

Hankerson v. State

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

Enriguez v. State

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

Nelson v. State

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

Ottesen v. State

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

Ottesen v. State

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

Bowers v. State

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

McAllister v. State

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

Garnett v. State

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

Perry v. State

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

Dorminey v. State

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

Coney v. State

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

Thomas v. State

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

Wright v. State

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

Benton v. State

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

Benton v. State

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

Hampton v. State

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

Lámar v. State

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

Valentine v. State

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

Foster v. State

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

McFarland v. State

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

Romero v. State

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

Hill v. State

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

Lea-Scandrett v. State

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

Johnson v. Moore

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

Aviles v. State

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

Curry v. State

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

Cliatt v. State

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

Gibson v. State

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

Albury v. State

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

Lancaster v. State

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

Maddox v. State

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

Roberts v. State

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

Carter v. State

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

Ferguson v. State

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

Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800

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

Grage v. State

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

Mancino v. State

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

Chanquet v. State

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

Graham v. State

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

Roth v. State

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

Parks v. State

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

Small v. State

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

Johnson v. State

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

Ward v. State

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

Paul Allen Davis v. State of Florida

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

Harvis v. State of Florida

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

Herman T. Williams v. State of Florida

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

Jorge Perez v. State of Florida

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

Ruben Gonzalez Garcia v. State of Florida

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

Robert Everett Allen v. State of Florida

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

Harry Austin W v. State of Florida

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

Harry Austin W v. State of Florida

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

Barry v. Murray v. State of Florida

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

Cory E. Emory v. State of Florida

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

Jimmie Ernest Glover v. State of Florida

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

Kenneth Brown v. State of Florida

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

Raphael Charistil v. State of Florida

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

Corey Butler v. State of Florida

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

Stephanie Susan Graham v. State of Florida

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

Lamont Rum Fortson v. State of Florida

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

Mark Derefaka v. State of Florida

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

Chad Vezina v. State of Florida

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

Isaac Smith v. State of Florida

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

Nicholas G. Coullias v. State of Florida

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

Mosley v. State of Florida

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

Jose Roberto Arreguin v. State of Florida

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

Terry Maurice Newkirk Jr. v. State of Florida

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

George Decosta v. State of Florida

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

Chance Dawkins v. State of Florida

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

Rudolph Silas v. State of Florida

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

Cheryl White v. State of Florida

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

Marco Pace v. State of Florida

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

Jose Manuel Vazquez Torres v. State of Florida

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

Lloyd Newman Dubuc v. State of Florida

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

Pedro Pablo Del Sol v. State of Florida

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

Owen G. Wright, Jr. v. State of Florida

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

Melvin Murrell v. State of Florida

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

Anthony H. Williams v. State of Florida

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

Kenneth Willingham v. State of Florida

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

Marcel Thomas v. State of Florida

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

Derrick West v. State of Florida

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

Trahn Bowens v. State of Florida

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

Lloyd Anthony Davis v. State of Florida

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

Timothy Lewis v. State of Florida

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

Flournoy v. State of Florida

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

Toric Yearby v. State of Florida

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

Joseph G. Totta v. State of Florida

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

James T. Ingram, W v. State of Florida

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

Timothy Hartman v. State of Florida

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

Christopher March Renick v. State of Florida

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

Catherine Capozzi v. the State of Florida

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

Marsel Peterson v. State of Florida

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

Marsel Peterson v. State of Florida

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

Oscar Molinet-Gonzalez v. State of Florida

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

Julio Acosta v. State of Florida

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

Julio Acosta v. State of Florida

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

Christian Fresquet v. State of Florida

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

Vincent M. Cheever v. State of Florida

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

Chad Taylor v. State of Florida

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

Antonio Rivera v. State of Florida

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

Sheppard v. State of Florida

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

Dominiquie R. Scott v. State of Florida

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

Andrew James Jones v. State of Florida

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

Ralph Waldo Emerson, IV v. State of Florida

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

Redmond v. State of Florida

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

Gerald Brown v. State of Florida

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

Gerald Brown v. State of Florida

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

Johnnie Hogan v. State of Florida

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

Joseph Lindenberger v. State of Florida

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

Randall Robert Pechler v. State of Florida

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

Jamin Demetry Chavis v. State of Florida

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

DeForest MacK v. State of Florida

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

Williams v. State of Florida

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

Tiniko Braddy Thompson v. State of Florida

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

Calvin Jackson v. State of Florida

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

Robert Allen Tribble, Jr. v. State of Florida

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

Lynford R. Blackwood v. State of Florida

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

Manuel Walters v. the State of Florida

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

Walden v. State of Florida

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

Neville Swearin v. the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida

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

Robert Allen Tribble v. State of Florida

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

Bobby Lee Saviory v. State of Florida

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

Thomas Dexter Lewis v. State of Florida

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

Christopher March Renick v. State of Florida

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

Brantley v. State of Florida

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

Kevin Render v. State of Florida

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

Kinard v. State of Florida

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

Jose Luis Ventura v. the State of Florida

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

Robert Brown v. State of Florida

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

Richard J. Velez v. State of Florida

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

Richard J. Velez v. State of Florida

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

Luis Alberto Perez v. State of Florida

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

Juan F. Perez v. State of Florida

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

Robert Asper v. State of Florida

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

Tommy L. Randolph v. State of Florida

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

Christopher Van Hatcher v. the State of Florida

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

Darwin Bois v. State of Florida

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

William E. Bynes v. State of Florida

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

Lancaster v. State of Florida

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

Patrick Andrew Cooper v. the State of Florida

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

Johnny Davis v. State of Florida

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

Marco T. Denson v. State of Florida

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

Adrian Gore v. State of Florida

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

Justin O' Neil v. State of Florida

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

Freddie L. Malave v. State of Florida

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

Luders Croissy v. State of Florida

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

Illiana Grigoriou v. State of Florida

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

Glaubius v. State of Florida

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

Carissa Parker v. State of Florida

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

Adrian A. Williams v. State of Florida

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

Jeffrey Linden v. State of Florida

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

Peter John Dimitrion v. State of Florida

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

Walter Morris Hart v. State of Florida

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

Alhasani v. State of Florida

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

Junita Sawyer v. State of Florida

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

Daphne Wakeley v. State of Florida

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

Desmond Murray v. State of Florida

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

Kenneth M. Robinson v. State of Florida

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

Edsel A. Brown v. State of Florida

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

Dillon Mathew Voegele v. State of Florida

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

Birdsong v. State of Florida

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

Erester Markque Ashford v. State of Florida

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

Jafet Manuel Andrillon v. State of Florida

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

Antonio R Richardson v. State of Florida

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

Eduardo Acosta v. the State of Florida

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

Wellington Gilbert v. State of Florida

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

Wellington Gilbert v. State of Florida

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

Carissa Parker v. State of Florida

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

Roosevelt Smith v. the State of Florida

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

Kelvin J. Robinson v. State of Florida

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

Will Utile v. the State of Florida

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

Marquise Deon Jones v. State of Florida

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

Allan J. Radi v. State of Florida

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

Junita Sawyer v. State of Florida

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

Jordan Cayne Hutchinson v. State of Florida

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

John Sexton v. State of Florida

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

Aaron Kinley v. the State of Florida

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

Dexter Davis v. the State of Florida

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

Martinez v. State of Florida

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

Mario Careaga v. State of Florida

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

Mattice v. State of Florida

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

Lorenzo Golphin v. State of Florida

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

Mollica v. State of Florida

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

ANTONIOUS WHITE v. STATE OF FLORIDA

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

Jason Stone v. State of Florida

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

Craig L. Mack v. State of Florida

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

Harris v. State of Florida

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

EDDIE DIXON v. STATE OF FLORIDA

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

MICHAEL ALLEN LOVETT v. STATE OF FLORIDA

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

Craig Bassett v. State of Florida

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

Daniel M. Lopp v. State of Florida

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

Melvin Murrell v. State of Florida

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

Ernest Barnes v. State of Florida

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

Ernest Barnes v. State of Florida

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

Schmeka Lyons v. State of Florida

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

Joseph Totta W v. State of Florida

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

Michel Cherfrere v. State of Florida

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

Jorge Valdes v. State of Florida

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

DASMOND BRANNON v. STATE OF FLORIDA

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

Octavious Johnson v. State of Florida

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

Jose Lopez v. The State of Florida

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

Robert Asper v. State of Florida

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

Carl A. Elliott v. State of Florida

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

Lamont Davis W v. State of Florida

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

Lougens Louis v. The State of Florida

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

Terry T. Pullen v. State of Florida

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

Futo Charles v. State of Florida

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

Futo Charles v. State of Florida

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

Louis Lopez v. State of Florida

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

Louis Lopez v. State of Florida

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

Daniel J. Smith, a/k/a Tony Smith v. The State of Florida

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

Marsel Peterson v. State of Florida

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

Terrence Thomas W v. State of Florida

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

Randy A. Nelson W v. State of Florida

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

Ames v. State of Florida

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

Robert Rhodes v. State of Florida

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

ISLAAM v. STATE OF FLORIDA

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

Stanley Beasley v. State of Florida

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

Carlos Cubias v. State of Florida

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

Rikki A. Dawson v. State of Florida

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

Gary Cornel Melton v. State of Florida

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

GEORGE v. STATE OF FLORIDA

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

Jesse Albert Collins v. State of Florida

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

Nicolas Dominique v. State of Florida

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

Jamar Ghent a/k/a James Ghent v. State of Florida

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

James Walker Runyon v. State of Florida

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

Ronald Stuyvesant Boyd v. State of Florida

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

Augustin Fleurimond v. The State of Florida

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

Tommy Turner v. State of Florida

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

DEVASSE THOMPSON v. STATE OF FLORIDA

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

Donnie Monroe v. State of Florida

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

Coffin v. State of Florida

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

Christopher Hill v. State of Florida

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

Tyrell A. Deronville v. State of Florida

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

Sebastian Garcia Lucas v. State of Florida

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

Terrance Thomas v. State of Florida

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

Timothy Gochenour v. State of Florida

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

Alex Sirmons v. State of Florida

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

Robert Ruman v. State of Florida

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

Edwin Matos v. State of Florida

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

Robert T. McGee v. State of Florida

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

Mario Careaga v. State of Florida

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

Kieran Singh v. State of Florida

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

Jamin Ryan Ford v. State of Florida

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

Roland A. Sprint v. State of Florida

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

Williams v. State of Florida

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

Reinel Gonzalez v. The State of Florida

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

LOMBARDI v. STATE OF FLORIDA

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

Shaniqua Brown v. State of Florida

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

EDWIN SANCHEZ v. STATE OF FLORIDA

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

Ronald E. Terry v. State of Florida

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

Dale E. Folsom v. State of Florida

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

JONATHAN WILLIAM ROWAN v. STATE OF FLORIDA

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

Jean Jeannot v. State of Florida

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

Tyrell Cobbin v. State of Florida

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

Fernando Sotolongo v. The State of Florida

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

Michael Noel v. State of Florida

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

Norris Clemons v. State of Florida

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

Gary Cornel Melton v. State of Florida

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

John Calvin German v. State of Florida

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

John Calvin German v. State of Florida

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

Bernard Davis v. State of Florida

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

Bernard Davis v. State of Florida

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

KYLE Z. GULLO v. STATE OF FLORIDA

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

Mark L. Rainey, Jr. v. State of Florida

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

Reynaldo Diaz C v. State of Florida

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

RAFAEL GONZALEZ SANTIAGO v. STATE OF FLORIDA

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

Shely Ocean v. State of Florida

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

Jose Peralta v. The State of Florida

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

QORNEILOUS MARQUEL CAMPBELL v. STATE OF FLORIDA

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

Waymon Jenkins v. State of Florida

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

Christopher L. Kee v. State of Florida

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

Christopher L. Kee v. State of Florida

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

Volvick Vassor v. State of Florida

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

Sonny Steel v. State of Florida

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

Smith v. State of Florida

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

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

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

Travis Martin v. State of Florida

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

Jerome Bivens v. State of Florida

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

Daron Lavon Huston v. State of Florida

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

Arturo Azaldegui v. State of Florida

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

Cristian Pozos v. State of Florida

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

Corey B. Johnson v. State of Florida

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

Frederick Johnson v. State of Florida

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

Israel Peterson v. State of Florida

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

Yasser Anaya v. State of Florida

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

Johnny Samuel Davis v. State of Florida

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

Korian Dunkley v. State of Florida

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

Roosevelt Mondesir v. State of Florida

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

Chad Taylor v. State of Florida

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

Roosevelt Mondesir v. State of Florida

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

Edward Lee Wesby v. State of Florida

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

Perry Joseph v. State of Florida

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

Lorenza Session v. State of Florida

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

Lorenza Session v. State of Florida

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

Jose Angel Patlan v. The State of Florida

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

Jose G. Jiminez-Rodriguez v. State of Florida

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

Raymond Profit v. State of Florida

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

JEFFERY GESKE v. STATE OF FLORIDA

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

Marcos Segura v. State of Florida

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

Willie James Smith v. State of Florida

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

Michael T. Parsons v. State of Florida

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

Tavaris Daniels v. State of Florida

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

Peter John Dimitrion v. State of Florida

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

Roderick Collins v. State of Florida

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

Alejandro Borges v. State of Florida

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

Tristan Michael Bailes v. State of Florida

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

David Adolfson v. State of Florida

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

Dennis Allen Taylor v. State of Florida

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

Tardrick Holiday v. The State of Florida

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

Jonathan R. Vela v. State of Florida

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

Wilbert Hollins v. State of Florida

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

Josue Manzo v. State of Florida

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

Morales v. State of Florida

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

CHRISTIAN VILLALBA-SANTOS v. STATE OF FLORIDA

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

AKEEM R. WELCH v. STATE OF FLORIDA

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

AKEEM R. WELCH v. STATE OF FLORIDA

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

FRANKLIN E. TREADWAY v. STATE OF FLORIDA

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

Primivito R. Morales W v. State of Florida

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

Kristopher Lee Madson v. State of Florida

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

ROBERT JACOBY TURNER v. STATE OF FLORIDA

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

TREVORISSE THOMAS v. STATE OF FLORIDA

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

Robert Walker v. State of Florida

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

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

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

Robert Castro v. State of Florida

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

Robert Castro v. State of Florida

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

Dennis Allen Taylor v. State of Florida

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

Kenyatta A. Heath v. The State of Florida

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

Alana Savell v. State of Florida

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

Vernon Reed v. State of Florida

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

DIEGO JIMENEZ v. THE STATE OF FLORIDA

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

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

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

DARRYL C. DANIELS v. STATE OF FLORIDA

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

EDDIE JOE RICHARDSON vs STATE OF FLORIDA

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

DAMAR PINK v. STATE OF FLORIDA

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

DAMAR PINK v. STATE OF FLORIDA

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

TYRELL A. DERONVILLE v. STATE OF FLORIDA

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

TYRELL A. DERONVILLE v. STATE OF FLORIDA

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

DELEON BROWNLEE v. THE STATE OF FLORIDA

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

ANTHONY MATTHEWS v. STATE OF FLORIDA

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

DEREK NEWTON THOMAS v. THE STATE OF FLORIDA

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

JAVIER JIMENEZ-JIMENEZ v. STATE OF FLORIDA

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

EMILIO CABAN v. STATE OF FLORIDA

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

EDWARD RAYMOND THOMAS v. STATE OF FLORIDA

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

JASON LAMAR GILBERT v. STATE OF FLORIDA

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

ALLOY LEWIN v. STATE OF FLORIDA

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

ANTHONY ROBERTS v. STATE OF FLORIDA

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

DAVID J. DONNADIO v. STATE OF FLORIDA

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

KEVAN ANGLIN v. STATE OF FLORIDA

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

JORDAN PALMER v. STATE OF FLORIDA

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

BILL STROUD v. THE STATE OF FLORIDA

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

VINSON KEARSE v. STATE OF FLORIDA

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

WILLIAM ALEXANDER MCNAUGHTON, III v. STATE OF FLORIDA

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

MARK BUCHER v. THE STATE OF FLORIDA

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

TRACY SALTER v. STATE OF FLORIDA

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

TRAVIS MARTIN v. STATE OF FLORIDA

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

CALVIN GORHAM v. STATE OF FLORIDA

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

LAWRENCE TYLER HOWARD v. STATE OF FLORIDA

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

HUNTER THOMAS BOESCH v. STATE OF FLORIDA

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

HUNTER THOMAS BOESCH v. STATE OF FLORIDA

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

MARLON A. FOSTER v. STATE OF FLORIDA

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

O'BRIAN OAKLEY v. STATE OF FLORIDA

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

EDWARD LOGAN ROBERSON v. STATE OF FLORIDA

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

JAMES H. CHANEY v. STATE OF FLORIDA

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

WAYNE DEBLAKER v. STATE OF FLORIDA

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

ASHER JONES v. STATE OF FLORIDA

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

GREGORY BOUCHER v. THE STATE OF FLORIDA

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

DWAYNE JORDAN v. STATE OF FLORIDA

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

THOMAS D. CRAVATT v. STATE OF FLORIDA

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

DAVID MARCUS PETERSON v. STATE OF FLORIDA

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

MARCO PACE v. THE STATE OF FLORIDA

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

MICHAEL GREEN v. STATE OF FLORIDA

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

ADAM J. PETRIE v. STATE OF FLORIDA

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

JAMES LEWIS v. STATE OF FLORIDA

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

ISRAEL PETERSON v. STATE OF FLORIDA

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

DAVID LANE v. STATE OF FLORIDA

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

DARRELL MORRIS v. THE STATE OF FLORIDA

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

JEFFREY LAGASSE v. STATE OF FLORIDA

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

ALLEN JACKSON v. STATE OF FLORIDA

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

TYRELL WHITTY v. STATE OF FLORIDA

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

CHARLES THOMAS MATHIS v. STATE OF FLORIDA

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

DAVID W. TALLEY v. STATE OF FLORIDA

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

LARRY WILLIAMS v. THE STATE OF FLORIDA

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

KAMARI SHERRELL v. STATE OF FLORIDA

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

RAYMOND RANDY ATKINS v. STATE OF FLORIDA

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

RAYMOND RANDY ATKINS v. STATE OF FLORIDA

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

ESLI JOSEPH v. STATE OF FLORIDA

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

DAVID ONDRE CAREW v. STATE OF FLORIDA

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

KENNETH E. THIRSTY v. STATE OF FLORIDA

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

JUSTO CAMACHO-VILLANUEVA v. STATE OF FLORIDA

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

JUSTIN CLAY PANTZER v. STATE OF FLORIDA

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

ALLANGSON BRUNSON v. STATE OF FLORIDA

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

MICHAEL ALI v. STATE OF FLORIDA

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

JOCQUIN TURNER v. STATE OF FLORIDA

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

OMANDO DESHAW WESBY v. STATE OF FLORIDA

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

WILLIAM COOK v. STATE OF FLORIDA

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

ANDREW REED v. STATE OF FLORIDA

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

ANGELO COICOU v. STATE OF FLORIDA

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

LEE FRANK ADAMS, JR. v. STATE OF FLORIDA

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

KENNETH JOHNSON v. STATE OF FLORIDA

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

TORIN ROBINSON v. THE STATE OF FLORIDA

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

OMAR J. ROSS, SR. v. THE STATE OF FLORIDA

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

GREGORY BOUCHER v. THE STATE OF FLORIDA

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

DAVID THOMPSON, II v. STATE OF FLORIDA

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

ADALBERTO RAMOS v. STATE OF FLORIDA

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

JOSUE MANZO v. STATE OF FLORIDA

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

CLAY ROBINSON v. STATE OF FLORIDA

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

CORDARROL LAWRENCE FULTON v. STATE OF FLORIDA

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

FRANKLIN SANCHEZ v. STATE OF FLORIDA

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

LUIS A. HOLLIS v. STATE OF FLORIDA

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

RICHIE KITTLES v. STATE OF FLORIDA

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

TYLER BRYCE SIMMONS vs STATE OF FLORIDA

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

TYLER BRYCE SIMMONS vs STATE OF FLORIDA

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

JOEVAN JOSEPH v. STATE OF FLORIDA

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

AUSTIN BRYAN NABEACK v. STATE OF FLORIDA

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

BENJAMIN B. STALKER v. STATE OF FLORIDA

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

IBRAHEEM JACKSON v. STATE OF FLORIDA

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

VICTOR MARTINEZ MARTINEZ v. STATE OF FLORIDA

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

JUAN ANTONIO MARTINEZ v. STATE OF FLORIDA

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

ZEVIN MITCHELL v. THE STATE OF FLORIDA

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

GREGORY DENNIS JACKSON v. STATE OF FLORIDA

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

ANTHONY MENDEZ v. STATE OF FLORIDA

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

JIMMY JONES SCOTT v. STATE OF FLORIDA

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

JIMMY JONES SCOTT v. STATE OF FLORIDA

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

WENDAL MAURICE BAKER v. STATE OF FLORIDA

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

ROMAINE JOHNSON v. STATE OF FLORIDA

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

TAVON STONE v. STATE OF FLORIDA

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

CHRISTOPHER THOMAS v. STATE OF FLORIDA

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

FLAVIO TOMAS v. STATE OF FLORIDA

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

WATSON MATHIS v. STATE OF FLORIDA

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

GARDINO MARTINEZ MESA v. THE STATE OF FLORIDA

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

MICHAEL H. LABIDOU v. STATE OF FLORIDA

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

CARLOS VALAZCO v. STATE OF FLORIDA

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

ISAAC FULTON v. STATE OF FLORIDA

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

FERRIS VAUGHNER v. STATE OF FLORIDA

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

FERRIS VAUGHNER v. STATE OF FLORIDA

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

CRISTIAN DAVID CARMONA QUINONEZ v. STATE OF FLORIDA

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

EDGARDO ACOSTA v. STATE OF FLORIDA

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

DOMINIC DAVIS v. STATE OF FLORIDA

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

TORRIS B. HILL v. STATE OF FLORIDA

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

CHITREKHA RAMSARAN v. STATE OF FLORIDA

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

THE STATE OF FLORIDA v. JEREMY ROJAS

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

JOE PLAIN v. STATE OF FLORIDA

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

RICHARD TODD v. STATE OF FLORIDA

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

JORGE MORLAS v. STATE OF FLORIDA

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

MILTON ALLEN v. STATE OF FLORIDA

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

MILTON ALLEN v. STATE OF FLORIDA

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

CHRISTOPHER CREED v. STATE OF FLORIDA

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

ROYTEZ LEONARD TAYLOR v. STATE OF FLORIDA

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

ANTOINE ROBINSON v. STATE OF FLORIDA

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

WILLIAM E. BYNES v. STATE OF FLORIDA

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

LINDA WEINREBER BARKER v. STATE OF FLORIDA

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

STATE OF FLORIDA vs TIMOTHY DONALD JANES

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

ROBERT LARRY v. STATE OF FLORIDA

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

TORRIS BERNARD HILL v. STATE OF FLORIDA

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

MATTHEW MULLIGAN v. STATE OF FLORIDA

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

MYRON DICKERSON v. STATE OF FLORIDA

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

Darryl Len Morgan v. State of Florida

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

SAMUEL WRIGHT v. THE STATE OF FLORIDA

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

AARON SAPP v. STATE OF FLORIDA

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

LEWIS P. WILLIAMS P v. STATE OF FLORIDA

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

ROQUE ESTEBAN CALAFELL v. THE STATE OF FLORIDA

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

JEAN L. CESAR v. STATE OF FLORIDA

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

MARIO BABROW v. STATE OF FLORIDA

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

BOBBY LEE SAVIORY vs STATE OF FLORIDA

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

JOLANDA HUGGINS v. STATE OF FLORIDA

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

JOLANDA HUGGINS v. STATE OF FLORIDA

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

O'BRIAN OAKLEY v. STATE OF FLORIDA

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

O'BRIAN OAKLEY v. STATE OF FLORIDA

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

Eric Demond Parrish v. State of Florida

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

SPENCER E. MILES v. STATE OF FLORIDA

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

CHANCY MALLORY v. STATE OF FLORIDA

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

Kahasim Rashid Brown v. State of Florida

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

RAFAEL A. CARRION v. STATE OF FLORIDA

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

JOE DAVID TILLMAN, II v. STATE OF FLORIDA

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

JAMES A. MOORE v. STATE OF FLORIDA

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

BRETT STOKES v. STATE OF FLORIDA

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

TAVARRESS WILSON v. STATE OF FLORIDA

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

KEVIN WALKER v. STATE OF FLORIDA

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

ANDRE M. HAYWOOD v. STATE OF FLORIDA

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

ABEL VILLANUEVA v. STATE OF FLORIDA

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

MICHAEL KEITH MILES v. STATE OF FLORIDA

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

PHILLIP JOSEPH v. STATE OF FLORIDA

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

PHILLIP JOSEPH v. STATE OF FLORIDA

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

JAMES R. SEARS v. STATE OF FLORIDA

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

D'ANDRE BANNISTER v. STATE OF FLORIDA

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

JOSE D. RAMIREZ v. THE STATE OF FLORIDA

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

JAMES W. COLEY v. STATE OF FLORIDA

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

CALVIN GORHAM v. STATE OF FLORIDA

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

INESTIN PETIT-HOMME v. STATE OF FLORIDA

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

WILLIE BUSH v. STATE OF FLORIDA

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

CYRIL DARVILLE v. STATE OF FLORIDA

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

OLIVER WILLIAMS v. STATE OF FLORIDA

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

NELSON D. MONZON v. STATE OF FLORIDA

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

EDWIN JESUS LATALLADI v. STATE OF FLORIDA

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

JEFFERY OSBORNE v. STATE OF FLORIDA

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

JASON VENTURE NELSON v. STATE OF FLORIDA

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

COREY CUNNINGHAM v. STATE OF FLORIDA

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

MICHAEL D. SPEAR vs STATE OF FLORIDA

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

MICHAEL D. SPEAR vs STATE OF FLORIDA

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

ANTHONY DOSSOU v. STATE OF FLORIDA

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

ANTHONY SAMPSON v. THE STATE OF FLORIDA

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

ANTHONY SAMPSON v. THE STATE OF FLORIDA

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

JOHN PATRICK SINGLETARY v. STATE OF FLORIDA

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

TEQUAN RAHEEM FREEMAN v. STATE OF FLORIDA

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

JERMAINE E. JACKSON v. STATE OF FLORIDA

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

MALISSA MARSHALL v. STATE OF FLORIDA

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

JOSE MORALES v. STATE OF FLORIDA

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

DEJUAN WILLIAMS v. STATE OF FLORIDA

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

THE STATE OF FLORIDA v. JEREMY ROJAS

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

ROSS WILLIAMS v. STATE OF FLORIDA

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

LAWRENCE WILLIAMS v. STATE OF FLORIDA

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

JEFFREY LINDEN v. STATE OF FLORIDA

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

JEFFREY LINDEN v. STATE OF FLORIDA

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

RICHARD BOWYER v. STATE OF FLORIDA

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

GREGORY ANDREW MCCULLUM v. STATE OF FLORIDA

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

LEROY SINGH v. STATE OF FLORIDA

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

EDGARDO ACOSTA v. STATE OF FLORIDA

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

STEPHEN A. STUBBS v. STATE OF FLORIDA

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

HENRY RONALD MITCHELL v. STATE OF FLORIDA

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

WILLIE LEE BLACKMAN, JR. v. STATE OF FLORIDA

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

WILLIE LEE BLACKMAN, JR. v. STATE OF FLORIDA

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

ANTHONY THOMPSON v. STATE OF FLORIDA

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

CHRISTOPHER CURRY v. THE STATE OF FLORIDA

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

Michael D. Spear v. State of Florida

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

PAUL TRUCCHIO v. STATE OF FLORIDA

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

JOHN S. LANE v. STATE OF FLORIDA

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

TRAVIS ARTERIUS SPENCER v. STATE OF FLORIDA

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

EMMITT HARVEY v. STATE OF FLORIDA

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

GRIAGAL BARR v. STATE OF FLORIDA

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

RANDY DAVOE JACKSON v. STATE OF FLORIDA

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

CHAD TAYLOR v. STATE OF FLORIDA

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

BYRON YOUNG v. STATE OF FLORIDA

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

BYRON YOUNG v. STATE OF FLORIDA

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

ISRAEL ZUNUN v. STATE OF FLORIDA

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

JOHN D. PONDER v. STATE OF FLORIDA

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

JASON LOUIS v. STATE OF FLORIDA

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

JASON LOUIS v. STATE OF FLORIDA

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

RONY MARC v. STATE OF FLORIDA

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

RICHARD CALDWELL v. STATE OF FLORIDA

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

TRAVIS RAINEY v. STATE OF FLORIDA

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

MICHAEL EDWARDS v. STATE OF FLORIDA

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

BENDRELL JOHNSON v. STATE OF FLORIDA

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

RICHARD L. BROWN v. STATE OF FLORIDA

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

CARLTON SCARBOROUGH v. STATE OF FLORIDA

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

KEVIN RENDER v. STATE OF FLORIDA

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

PASCO L. REYNOLDS v. STATE OF FLORIDA

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

RODERICK WALTERS v. STATE OF FLORIDA

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

David Joseph Pittman v. State of Florida

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

ALEXANDER KENYAN GREEN v. STATE OF FLORIDA

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

CAMILO LEON ZULUAGA-LEON v. STATE OF FLORIDA

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

EMANUEL POTTS v. STATE OF FLORIDA

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

DONALD TADASHI HOLMGREN v. STATE OF FLORIDA

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

LEPKE JONES a/k/a RODNEY BURCH v. STATE OF FLORIDA

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

LAWRENCE E. GROVER v. STATE OF FLORIDA

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

JACOB WILLIAMS v. STATE OF FLORIDA

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

LARRY BRYANT v. STATE OF FLORIDA

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

KISHAWN DOWE v. STATE OF FLORIDA

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

DARREN MORROW v. STATE OF FLORIDA

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

BRANDON GERMAINE THORNE v. STATE OF FLORIDA

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

CHARLES A. BURNS v. STATE OF FLORIDA

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

TAVARIS DANIEL v. STATE OF FLORIDA

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

JOSHUA WALLACE v. STATE OF FLORIDA

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

HENRY BENJAMIN v. STATE OF FLORIDA

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

RODNEY WHYTE v. STATE OF FLORIDA

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

OSCAR AVILEZ v. STATE OF FLORIDA

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

TYRONE OSBORNE v. STATE OF FLORIDA

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

GEORGE LEE BOWMAN v. STATE OF FLORIDA

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

KINTE L. RUCKER v. STATE OF FLORIDA

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

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

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

MARCO PACE v. THE STATE OF FLORIDA

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

JOSEPH E. BLAIR v. STATE OF FLORIDA

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

NEVILLE SWEARIN v. STATE OF FLORIDA

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

CHAD TAYLOR v. STATE OF FLORIDA

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

OMAR WILLIAMS v. STATE OF FLORIDA

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

CARLOS CONTRERAS-MAYAHUA v. STATE OF FLORIDA

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

RAYMOND SORIA v. STATE OF FLORIDA

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

RAYMOND SORIA v. STATE OF FLORIDA

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

JONNY SANDERS v. STATE OF FLORIDA

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

THE STATE OF FLORIDA v. CARLOS ALBERTO AVILA

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

JUMEL FILIAS v. STATE OF FLORIDA

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

BRANDON HAWKINS v. STATE OF FLORIDA

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

MARK EUGENE DEFFENDALL v. STATE OF FLORIDA

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

JORGE L. DOMINGUEZ W v. STATE OF FLORIDA

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

VICTOR LAWRENCE PERDUE v. STATE OF FLORIDA

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

ALBERT E. NARVAEZ v. STATE OF FLORIDA

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

TIVAN JOHNSON v. THE STATE OF FLORIDA

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

KENNETH COPELAND v. THE STATE OF FLORIDA

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

KENNETH COPELAND v. THE STATE OF FLORIDA

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

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

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

JAMES ROBERTS v. THE STATE OF FLORIDA

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

JAMES ROBERTS v. THE STATE OF FLORIDA

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

BRITTANY HANFIELD v. STATE OF FLORIDA

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

PATRICK BOYD v. STATE OF FLORIDA

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

DEXTER LAVON THOMPSON v. STATE OF FLORIDA

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

JONATHAN LACUE v. STATE OF FLORIDA

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

JOHN ANGUS WRIGHT W v. STATE OF FLORIDA

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

JONNY SANDERS v. STATE OF FLORIDA

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

TYRONE CUMMINGS v. STATE OF FLORIDA

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

EDWARD DEVINE v. STATE OF FLORIDA

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

ERIBERTO VARGAS v. STATE OF FLORIDA

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

ANDRE K. CLARKE v. STATE OF FLORIDA

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

PATRICE WILLIAMS v. STATE OF FLORIDA

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

JOSE ANGEL MALDONADO v. STATE OF FLORIDA

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

EDDIE HUMPHREY v. STATE OF FLORIDA

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

RAMIRO M. PENA v. STATE OF FLORIDA

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

HERBERT MICHEL v. STATE OF FLORIDA

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

FRANK REYES v. STATE OF FLORIDA

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

WESLEY DORCELUS v. STATE OF FLORIDA

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

TIMOTHY ADAM WALDING v. STATE OF FLORIDA

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

OSCAR R. EVANS v. THE STATE OF FLORIDA

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

EDGAR J. WILSON v. STATE OF FLORIDA

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

EDWIN ERIC BOYD, SR. v. STATE OF FLORIDA

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

RONALD ALEXANDER v. STATE OF FLORIDA

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

MICHAEL BARTOLONE v. STATE OF FLORIDA

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

ERIC RONALD HADDOU v. STATE OF FLORIDA

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

BILLY TYNER W v. STATE OF FLORIDA

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

EDWARD TIGER v. STATE OF FLORIDA

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

NATHANIEL KIMBROUGH C v. STATE OF FLORIDA

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

HERMAN WILLIAMS v. STATE OF FLORIDA

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

DOMINIQUE S. ALLEN v. STATE OF FLORIDA

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

EARL LAVELLE WHITE v. STATE OF FLORIDA

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

JONATHON LACUE v. STATE OF FLORIDA

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

JONATHON LACUE v. STATE OF FLORIDA

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

STEVEN HAMMOCK v. STATE OF FLORIDA

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

KEVIS MCCRAY v. STATE OF FLORIDA

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

ANTONIO A. TANKES v. STATE OF FLORIDA

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

MAURICE LINDSEY v. THE STATE OF FLORIDA

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

RODERICK D. BURGESS P v. STATE OF FLORIDA

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

COURTNEY R. CHAMBLISS v. STATE OF FLORIDA

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

Keith Shawn Hanks v. State of Florida

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

EDNOL A. HANNA, I I I v. STATE OF FLORIDA

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

QUENTIN Y. WASHINGTON v. STATE OF FLORIDA

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

ARTIS PYE v. STATE OF FLORIDA

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

SHAWN KING v. STATE OF FLORIDA

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

IVAN V. ANDERSON W v. STATE OF FLORIDA

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

RAFAEL A. CARRION v. STATE OF FLORIDA

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

Robert W. Kramer v. State of Florida

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

John Kimble v. State of Florida

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

ANTHONY L. JUDON v. STATE OF FLORIDA

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

CLARENCE MARTIN v. STATE OF FLORIDA

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

RICARDO BIGIO v. STATE OF FLORIDA

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

Kevin Jones v. State of Florida

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

ANTHONY TEDFORD v. STATE OF FLORIDA

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

RAYMOND PARDON a/k/a PETER PARDON v. STATE OF FLORIDA

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

TREMAINE DRIVER v. STATE OF FLORIDA

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

DUSTIN ALLAN WAYMAN SIMS v. STATE OF FLORIDA

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

MARCKENSON DEMARD v. STATE OF FLORIDA

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

JESSIE MCGEE v. THE STATE OF FLORIDA

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

RICARDO M. DIROGENE v. STATE OF FLORIDA

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

TILLMAN CHRISTOPHER MOORE v. STATE OF FLORIDA

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

DEMETRIUS DIXON v. STATE OF FLORIDA

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

PEDRO SAUBERER v. STATE OF FLORIDA

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

ANTONIO L. GREEN v. STATE OF FLORIDA

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

JOSE G. JIMINEZ-RODRIGUEZ v. STATE OF FLORIDA

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

MICHEAL MCCUTCHEON v. STATE OF FLORIDA

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

CHRISTOPHER MCDONALD v. STATE OF FLORIDA

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

ALBERT HALLMON v. STATE OF FLORIDA

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

LEE V. DIXON v. STATE OF FLORIDA

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

ANTHONY DORSETT v. STATE OF FLORIDA

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

MARV A. HUBBARD v. STATE OF FLORIDA

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

LIBER VICTORIA v. STATE OF FLORIDA

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

JEFFREY AUSTIN v. STATE OF FLORIDA

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

SHAWN DOE v. STATE OF FLORIDA

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

BARTON HILL v. THE STATE OF FLORIDA

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

PETERSON PAUL v. STATE OF FLORIDA

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

CARLOS TORRES v. STATE OF FLORIDA

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

RICARDO WHYMS W v. STATE OF FLORIDA

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

SHANE M. SHAW v. STATE OF FLORIDA

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

RICARDO WHYMS W v. STATE OF FLORIDA

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

SHANE M. SHAW v. STATE OF FLORIDA

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

CARLOS TORRES v. STATE OF FLORIDA

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

TERRANCE D JETT v. STATE OF FLORIDA

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

RANDALL SCOTT FORD v. STATE OF FLORIDA

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

RANDALL SCOTT FORD v. STATE OF FLORIDA

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

SEAN MICHAEL GUADAGNO v. STATE OF FLORIDA

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

PATRICK KELSO v. STATE OF FLORIDA

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

FELIX EDWARD JINNERSON v. STATE OF FLORIDA

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

NICHOLAS DOMINIQUE v. STATE OF FLORIDA

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

LAMONT DAVIS v. STATE OF FLORIDA

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

RAMONA TAVIA v. THE STATE OF FLORIDA

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

NATHANIEL PLOWDEN v. STATE OF FLORIDA

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

DAVID E. DAVIS v. STATE OF FLORIDA

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

NATHANIEL PLOWDEN v. STATE OF FLORIDA

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

RAMEL WALTERS v. STATE OF FLORIDA

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

GLENN BAKER v. STATE OF FLORIDA

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

JOHN A. GOSMAN v. STATE OF FLORIDA

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

RAMEL WALTERS v. STATE OF FLORIDA

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

JERRY VALDEZ v. THE STATE OF FLORIDA

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

THEODORE WILLIAMSON v. STATE OF FLORIDA

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

LEROY G. MARSHALL v. STATE OF FLORIDA

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

JASON S. RODRIGUEZ v. STATE OF FLORIDA

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

WAYNE JENKINS v. STATE OF FLORIDA

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

TYSHON RENFORD v. STATE OF FLORIDA

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

NASEDRA K. LUMPKIN v. STATE OF FLORIDA

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

DEMETRIUS DIXON v. STATE OF FLORIDA

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

TYMON BRAZELL v. STATE OF FLORIDA

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

NASEDRA K. LUMPKIN v. STATE OF FLORIDA

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

ALEXANDER PERKINS v. STATE OF FLORIDA

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

CORDY L. WALTON v. STATE OF FLORIDA

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

In Re: Amendments to the Florida Rules of 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

WESLEY DORCELUS v. STATE OF FLORIDA

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

JEREMY BETHEA v. STATE OF FLORIDA

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

MICHAEL BARTOLONE v. STATE OF FLORIDA

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

State of Florida v. Vernson Edward Dortch

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

DANTE HARRIS v. STATE OF FLORIDA

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

JEROME MACKEY v. MARK S. INCH, etc.

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

JEROME MACKEY v. MARK S. INCH, etc.

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

CHANNING ALBERTO STEWART v. STATE OF FLORIDA

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

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

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

BRITISH D. MOSS v. State

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

DELILAH COLARTE v. STATE OF FLORIDA

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

JOHN POWERS v. STATE OF FLORIDA

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

Jermaine Earl v. State of Florida

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

BRIAN JOSEPH MOORE v. STATE OF FLORIDA

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

Richard Michael Morris v. Secretary, Florida Department of COrrections

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

Richard Michael Morris v. Secretary, Florida Department of COrrections

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

BENJAMIN B. STALKER v. STATE OF FLORIDA

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

FREDERICK BERNARD THOMAS v. STATE OF FLORIDA

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

KELLY GARRICK v. STATE OF FLORIDA

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

JAMES GENTRY v. STATE OF FLORIDA

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

WILLIE CHARLES JONES v. STATE OF FLORIDA

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

WILNER SALOMON v. STATE OF FLORIDA

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

GUAGE GONZALEZ v. STATE OF FLORIDA

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

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

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

ANTHONY A. PRINCE, JR. v. STATE OF FLORIDA

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

RANDALL G. BARDE v. STATE OF FLORIDA

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

LAWRENCE K. JOHNSON v. STATE OF FLORIDA

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

MADCENE SERFRERE v. STATE OF FLORIDA

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

TRAVES MALCOLM v. STATE OF FLORIDA

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

PABLO DIAZ v. State

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

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

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

ADRIAN BROWN v. State

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

CHESTEL THORSON v. State

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

CHRISTOPHER STEWART v. STATE OF FLORIDA

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

VINTON GRAHAM v. STATE OF FLORIDA

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

ANTONIO A. TANKES v. STATE OF FLORIDA

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

KENDALL DURAND v. STATE OF FLORIDA

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

ROD L. BRUCE v. STATE OF FLORIDA

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

JEAN DESROSES v. State

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

STEVEN WONDER v. STATE OF FLORIDA

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

JOSUE MANZO v. STATE OF FLORIDA

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

CHRISTOPHER LAMAR SOLS v. STATE OF FLORIDA

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

BIDEAU JEAN v. State

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

BRIAN S. BURKEEN v. STATE OF FLORIDA

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

ISSAC WOODS v. State

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

MARK METELLUS v. STATE OF FLORIDA

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

STEVEN D. HARRIS v. STATE OF FLORIDA

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

JOHN ALLISON HARRIS v. STATE OF FLORIDA

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

ISIAH JERMAINE CORBETT v. STATE OF FLORIDA

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

DEVON SEAYS v. STATE OF FLORIDA

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

AVION LAWSON v. STATE OF FLORIDA

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

KEITH EUGENE RASKA W v. STATE OF FLORIDA

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

GREGORY KAMAL WALKER v. State

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

VERNON ROLLE v. STATE OF FLORIDA

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

GARY MCGRIFF v. STATE OF FLORIDA

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

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

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

JOHNNY BRADY v. State

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

JOHNNY BRADY v. State

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

GIOVANNI F. ESCOBAR v. STATE OF FLORIDA

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

DAWN KIRKCONNELL v. State

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

State of Florida v. Michael James Jackson

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

State of Florida v. Michael James Jackson

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

WILLIAM R. WALKER W v. STATE OF FLORIDA

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

JAMMORA SIMMS v. STATE OF FLORIDA

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

MIAKKAR L. BROWN v. STATE OF FLORIDA

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

JOSHUA JOHN OVENS v. STATE OF FLORIDA

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

MARK METELLUS v. STATE OF FLORIDA

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

Anton Tuomi v. Secretary, Florida Department of Corrections

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

MICHAEL GONZALEZ v. STATE OF FLORIDA

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

KESNER v. JOASEUS, JR.. C v. STATE OF FLORIDA

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

ROBERT L. JACKSON, JR. v. STATE OF FLORIDA

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

CHRISTIAN PARKER v. STATE OF FLORIDA

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

CHAD LAMONT TAYLOR v. STATE OF FLORIDA

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

MICHAEL A. MITCHELL v. STATE OF FLORIDA

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

KHALIL J. GASKIN v. STATE OF FLORIDA

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

JONATHAN WARD v. STATE OF FLORIDA

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

FELTON JORDAN v. STATE OF FLORIDA

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

SHAREE DIXON v. STATE OF FLORIDA

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

INESTIN PETIT-HOMME v. STATE OF FLORIDA

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

WILLIAM DEMLER v. STATE OF FLORIDA

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

NARCIUS BRUNO v. STATE OF FLORIDA

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

TREVONTAE J. SHULER v. STATE OF FLORIDA

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

RICHARD VINCENT LETIZIA v. STATE OF FLORIDA

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

JOHN F. ROBINSON v. STATE OF FLORIDA

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

MARSEL PETERSON v. STATE OF FLORIDA

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

ELIZABETH J. WILLIAMS v. STATE OF FLORIDA

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

Ervin L. Wright v. State of Florida

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

Isiah Johnson v. State of Florida

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

Isiah Johnson v. State of Florida

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

SVENGALI BROWNLEE v. STATE OF FLORIDA

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

DAVID R. RUIZ v. STATE OF FLORIDA

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

GIBSON PAUL v. STATE OF FLORIDA

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

EDWARD AUSTIN v. STATE OF FLORIDA

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

MICHAEL RAINEY v. STATE OF FLORIDA

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

EDWARD AUSTIN v. STATE OF FLORIDA

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

Christopher Armstrong v. State of Florida

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

Steve Lamont Johnson v. State of Florida

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

Paul Thomas Kartsonis v. State of Florida

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

EDDIE VINCENT RUTLEDGE v. STATE OF FLORIDA

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

EDDIE VINCENT RUTLEDGE v. STATE OF FLORIDA

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

CHARLES THOMAS MATHIS v. STATE OF FLORIDA

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

JAMES RAY TRAINA v. STATE OF FLORIDA

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

FREDERICK A. GREGORY v. STATE OF FLORIDA

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

CARLOS HERNANDEZ-CHAPARRO v. STATE OF FLORIDA

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

JULIUS ANTONIO HARRIS, JR. v. STATE OF FLORIDA

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

DEVON FRANKLIN v. STATE OF FLORIDA

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

RICARDO GALARRAGA v. STATE OF FLORIDA

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

ISAAC ROLDY LOUINISTE v. STATE OF FLORIDA

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

Demetrius Osbourne v. Secretary, Florida Department of Corrections

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

Demetrius Osbourne v. Secretary, Florida Department of Corrections

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

ANTHONY ALEXANDER MYERS v. STATE OF FLORIDA

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

ANTHONY ALEXANDER MYERS v. STATE OF FLORIDA

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

MICHEL J MCGILLIS v. STATE OF FLORIDA

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

ROBIN REID v. STATE OF FLORIDA

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

AARON MOHANLAL v. STATE OF FLORIDA

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

TRAVIS PALMER v. STATE OF FLORIDA

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

TRAVIS PALMER v. STATE OF FLORIDA

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

SHANE MICHAEL ANDERSON v. STATE OF FLORIDA

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

CHRISTOPHER KYLE BERK v. STATE OF FLORIDA

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

MICHAEL A. MITCHELL v. STATE OF FLORIDA

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

CHAD LAMONT TAYLOR v. STATE OF FLORIDA

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

JEFFREY OSBORNE v. STATE OF FLORIDA

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

IRVING BROWN v. STATE OF FLORIDA

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

JEFFREY OSBORNE v. STATE OF FLORIDA

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

DESHAWN WESBY v. STATE OF FLORIDA

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

TERENCE T. MORRIS v. STATE OF FLORIDA

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

JASON REAVES v. STATE OF FLORIDA

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

RONALD JACOB MUNYAK v. STATE OF FLORIDA

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

CARSON FILLMORE v. STATE OF FLORIDA

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

JASON J. BRACKETT v. STATE OF FLORIDA

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

FUTO CHARLES v. STATE OF FLORIDA

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

JOSE LUIS COSMESELLA v. STATE OF FLORIDA

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

JAMES ROGERS v. STATE OF FLORIDA

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

ERCELY WAYNE COLEMAN v. STATE OF FLORIDA

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

HERMANE THOMANY v. STATE OF FLORIDA

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

MUNTAZ MAJEED v. STATE OF FLORIDA

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

JAMES M. FORD v. STATE OF FLORIDA

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

MICHAEL ANTHONY IBARRA v. STATE OF FLORIDA

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

MICHAEL ANTHONY IBARRA v. STATE OF FLORIDA

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

BILLY RAY SMITH v. STATE OF FLORIDA

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

WILLIE J. JACKSON v. STATE OF FLORIDA

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

HAROLD HUNT v. STATE OF FLORIDA

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

CHARLES BARNES v. STATE OF FLORIDA

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

CHARLES GRIFFIN v. STATE OF FLORIDA

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

REGINALD GRANT v. STATE OF FLORIDA

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

JOHN TRIPODI v. STATE OF FLORIDA

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

KEITH EUGENE RASKA v. STATE OF FLORIDA

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

PASCO L. REYNOLDS v. STATE OF FLORIDA

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

PASCO L. REYNOLDS v. STATE OF FLORIDA

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

GEORGE DANIEL ESTEVES v. STATE OF FLORIDA

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

SAMUEL BELL v. STATE OF FLORIDA

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

DERRICK G. JAMES v. STATE OF FLORIDA

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

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

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

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

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

DAVID EUGENE SHERROD v. STATE OF FLORIDA

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

ANTHONY THOMPSON v. STATE OF FLORIDA

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

WILLIAM DAVIS v. STATE OF FLORIDA

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

TYRONE CAMPBELL v. STATE OF FLORIDA

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

WILLIAM DAVIS v. STATE OF FLORIDA

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

EUGENE JACOBS, JR. v. STATE OF FLORIDA

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

CHRISTIAN IBANEZ v. STATE OF FLORIDA

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

ROOSEVELT CURE, JR. v. STATE OF FLORIDA

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

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

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

CYBIL BALLARD GREEN v. STATE OF FLORIDA

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

TERRENCE THOMAS v. STATE OF FLORIDA

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

SADRICK RASHADA WILLIAMS v. STATE OF FLORIDA

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

DAVID CLERVEAUX v. STATE OF FLORIDA

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

PHILLIP J. SHEA v. STATE OF FLORIDA

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

DURIEL WALKER v. STATE OF FLORIDA

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

SPENCER E. MILES v. STATE OF FLORIDA

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

RENARDO FERGUSON v. STATE OF FLORIDA

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

WALTER HOLLEY W v. STATE OF FLORIDA

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

WALTER HOLLEY W v. STATE OF FLORIDA

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

GILBERTO CONSUEGRA-BARRETO v. STATE OF FLORIDA

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

BRADLEY A. BEVANS v. STATE OF FLORIDA

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

VOLVICK VASSOR v. STATE OF FLORIDA

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

DWAYNE PAULK W v. STATE OF FLORIDA

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

STANLEY BROWN v. STATE OF FLORIDA

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

JOHN PATRICK PERRY v. STATE OF FLORIDA

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

DAN ALLEN HUSSAN v. STATE OF FLORIDA

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

TIMOTHY KELLY v. STATE OF FLORIDA

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

LUMMIE LEE v. STATE OF FLORIDA

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

MARIO CHOROT v. STATE OF FLORIDA

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

ELEAZAR JIMENEZ-GARCIA v. STATE OF FLORIDA

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

CURTIS FOX v. STATE OF FLORIDA

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

MCKINLEY WHITE v. STATE OF FLORIDA

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

WILLIAM E. BYNES v. STATE OF FLORIDA

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

STANLEY RAY ROGERS v. STATE OF FLORIDA

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

JOHNNY TREVON COOK v. STATE OF FLORIDA

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

J'GERRARD P. WILLIAMS v. STATE OF FLORIDA

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

ODELL BROWN v. STATE OF FLORIDA

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

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

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

SHANE SHAW v. STATE OF FLORIDA

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

WILFORD GARNER, IV v. STATE OF FLORIDA

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

WILFORD GARNER, IV v. STATE OF FLORIDA

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

FLAVIO THOMAS v. STATE OF FLORIDA

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

EDWARD TIGER v. STATE OF FLORIDA

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

SANDERS HIGHTOWER v. STATE OF FLORIDA

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

MELVIN ANTHONY MURRELL v. STATE OF FLORIDA

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

WAJNICK ILLAIT v. STATE OF FLORIDA

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

Ronald J. Richards v. State of Florida

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

THOMAS G. CURRY v. STATE OF FLORIDA

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

EVERAL WILLIAMS v. STATE OF FLORIDA

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

NICHOLAS INTERLANDI v. STATE OF FLORIDA

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

NICHOLAS INTERLANDI v. STATE OF FLORIDA

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

ROBERT RACKLEY v. STATE OF FLORIDA

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

ROBERT RACKLEY v. STATE OF FLORIDA

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

CHARLES E. WATERS v. STATE OF FLORIDA

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

JULIUS F. ROCKER, III v. STATE OF FLORIDA

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

ROBERT LAMA v. STATE OF FLORIDA

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

BRIAN SOUFFRANT v. STATE OF FLORIDA

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

LEWIS TAYLOR, JR. v. STATE OF FLORIDA

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

JOSEPH HAGANS v. STATE OF FLORIDA

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

MARK A. KOHUT W v. STATE OF FLORIDA

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

JERMAINE C. JACKSON v. STATE OF FLORIDA

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

JAMAAL DESROSIERS v. STATE OF FLORIDA

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

DAVID FLEMING v. STATE OF FLORIDA

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

CHRISTOPHER WILLIAMS v. STATE OF FLORIDA

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

RICHARD COLSON WHITE v. STATE OF FLORIDA

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

MARLEY JANE BARBERIAN v. STATE OF FLORIDA

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

CARLTON DEVONTA JONES v. STATE OF FLORIDA

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

DUSTIN ALLAN WAYMAN SIMS v. STATE OF FLORIDA

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

TIMOTHY P. WILLIAMS v. STATE OF FLORIDA

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

ANTONIO HARRIS v. STATE OF FLORIDA

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

DENIS CHAVEZ v. STATE OF FLORIDA

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

DONALD E. WILSON v. STATE OF FLORIDA

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

DANIEL ROSS v. STATE OF FLORIDA

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

DARRYL SOLOMON HOPE W v. STATE OF FLORIDA

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

DONALD MCCORMICK W v. STATE OF FLORIDA

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

CARL EUGENE THEOLET, JR. v. STATE OF FLORIDA

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

JAMES TYRONNE INGRAM v. STATE OF FLORIDA

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

MITCHELL STUKEL v. STATE OF FLORIDA

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

LITTLE WILLIE HARPER v. STATE OF FLORIDA

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

MYRON DICKERSON v. STATE OF FLORIDA

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

EUGENE JACOBS, JR. v. STATE OF FLORIDA

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

TODD THOMAS FLORIO-BUNDY v. STATE OF FLORIDA

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

ALELI HERNANDEZ v. STATE OF FLORIDA

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

RAMEL WALTERS v. STATE OF FLORIDA

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

BERNARD BELLAMY v. STATE OF FLORIDA

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

JOSEPH SILKY v. STATE OF FLORIDA

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

MELODY SARA HARMON v. STATE OF FLORIDA

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

JOHN CALVIN GERMAN v. STATE OF FLORIDA

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

MIXON JUSTE v. STATE OF FLORIDA

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

ISAC QUINCY BROWN v. STATE OF FLORIDA

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

ROLAND P. MOLINA v. STATE OF FLORIDA

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

RETCNICK FAUSTEN v. STATE OF FLORIDA

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

CHRISTOPHER PARKS v. STATE OF FLORIDA

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

KIMA SHAWN JOHNSON v. STATE OF FLORIDA

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

BYRON P. CHAVEZ v. STATE OF FLORIDA

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

Lawayne Henderson v. State of Florida

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

BENNY MARTINEZ C v. STATE OF FLORIDA

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

DUANE L. BROWN v. STATE OF FLORIDA

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

RICHARD JILES v. STATE OF FLORIDA

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

SAMMIE LEE KOHN v. STATE OF FLORIDA

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

AGAPITO JIMINEZ BALTAZAR v. STATE OF FLORIDA

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

Robert O. Simmons v. State of Florida

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

DAVID W. TALLEY v. STATE OF FLORIDA

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

RALPH HARDWICK v. STATE OF FLORIDA

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

AZELLE LAZITRIOUS LANGSTON v. STATE OF FLORIDA

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

JONATHAN SCROGGINS v. STATE OF FLORIDA

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

AMOS BIENAIME v. STATE OF FLORIDA

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

ROBERT KLECKLEY v. STATE OF FLORIDA

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

ROBERT KLECKLEY v. STATE OF FLORIDA

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

MICHAEL KIJEWSKI v. STATE OF FLORIDA

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

ROGER HEARE v. STATE OF FLORIDA

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

SAMANTHA MULLINS v. STATE OF FLORIDA

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

WENDAL M. BAKER v. STATE OF FLORIDA

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

CHRISTOPHER LOWE v. STATE OF FLORIDA

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

ROBERT JACKSON v. STATE OF FLORIDA

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

PAUL G. MEAD v. STATE OF FLORIDA

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

TITO MORELL v. STATE OF FLORIDA

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

WILLIE LEE MURRAY v. STATE OF FLORIDA

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

DEREK SEAN SINCLAIR v. STATE OF FLORIDA

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

TEAH WIMBERLY v. STATE OF FLORIDA

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

LUIS OLIVARES-ROSARIO v. STATE OF FLORIDA

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

ARTHUR AKINS v. STATE OF FLORIDA

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

LEROY DAVIS v. STATE OF FLORIDA

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

Horace Cummings v. State of Florida

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

Horace Cummings v. State of Florida

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

REGINALD TIMOTHY JONES v. STATE OF FLORIDA

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

MARK HARRIS v. STATE OF FLORIDA

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

MIGUEL A. ENRIQUEZ v. STATE OF FLORIDA

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

JAMES A. PERKOWSKI v. STATE OF FLORIDA

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

JAMES A. PERKOWSKI v. STATE OF FLORIDA

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

FREDERICK A. GREGORY v. STATE OF FLORIDA

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

TARNETTE MILLER v. STATE OF FLORIDA

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

KENNETH WASHINGTON v. STATE OF FLORIDA

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

MICHAEL HARDY v. STATE OF FLORIDA

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

DEDREVIONUS C. WILLIAMS v. STATE OF FLORIDA

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

PERRY FLETCHER v. STATE OF FLORIDA

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

Willie F. Barnes v. State of Florida

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

Steven Jarrod McLendon v. State of Florida

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

LLOYD JOHNSON v. STATE OF FLORIDA

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

ARCHIE LEE SMITH v. STATE OF FLORIDA

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

LUIS HOLLIS v. STATE OF FLORIDA

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

ROBERT J. JACKSON v. STATE OF FLORIDA

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

WILLIAM ORTIZ v. STATE OF FLORIDA

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

ERIC L. WILEY v. STATE OF FLORIDA

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

Ava Electris Cannie v. State of Florida

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

OCTAVIO BERRERA v. STATE OF FLORIDA

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

LUIS AVILES v. STATE OF FLORIDA

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

MAHLARD BOYD v. STATE OF FLORIDA

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

MACK DANIEL CORE v. STATE OF FLORIDA

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

JAMES DANIEL MCDONALD v. STATE OF FLORIDA

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

THOMAS LEWIS v. STATE OF FLORIDA

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

ERIC WILSON v. STATE OF FLORIDA

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

NATHAN S. THORNTON v. STATE OF FLORIDA

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

STEVEN PAUL CROWLEY v. STATE OF FLORIDA

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

MARLIE JOAN WESTERVELT v. STATE OF FLORIDA

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

MARLIE JOAN WESTERVELT v. STATE OF FLORIDA

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

AVERY SOUFFRANT v. STATE OF FLORIDA

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

CHANCY MALLORY v. STATE OF FLORIDA

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

Antuan R. Golden v. State of Florida

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

ALONZO COLEMAN v. STATE OF FLORIDA

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

ROYCE GOLDSMITH v. STATE OF FLORIDA

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

MICHAEL REED v. STATE OF FLORIDA

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

Raymond Parker v. State of Florida

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

Lemar Whitfield v. State of Florida

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

Johnny A. James v. State of Florida

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

RUSSELL RIOUX v. STATE OF FLORIDA

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

Tony Gary v. State of Florida

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

KENNETH ARTHUR HALL, JR. v. STATE OF FLORIDA

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

ANTOINE ROBINSON v. STATE OF FLORIDA

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

ALFREDO LEON, JR. v. STATE OF FLORIDA

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

LEON J. NOEL v. STATE OF FLORIDA

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

TONY LEE SIRMONS v. STATE OF FLORIDA

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

TORRANCE ADDERLY v. STATE OF FLORIDA

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

TONY LEE SIRMONS v. STATE OF FLORIDA

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

RODNEY YOUNG v. STATE OF FLORIDA

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

RICHIE DESAUGUSTE v. STATE OF FLORIDA

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

Shawn David Jackson v. State of Florida

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

Jermaine Earl v. State of Florida

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

William Jarvis v. State of Florida

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

MICHAEL LENARD REED v. STATE OF FLORIDA

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

FRANK J. HILL v. STATE OF FLORIDA

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

ALLEN EUGENE BYTHWOOD v. STATE OF FLORIDA

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

JOSHUA J. MURPHY v. STATE OF FLORIDA

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

CESAR GARCIA HERRERA v. STATE OF FLORIDA

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

JERMAINE HENDERSON v. STATE OF FLORIDA

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

WISNIA ETIENNE v. STATE OF FLORIDA

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

INDASIA UNDERWOOD v. STATE OF FLORIDA

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

WISNIA ETIENNE v. STATE OF FLORIDA

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

Lester Simmons v. State of Florida

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

MATTHEW PAUL MORRIS v. STATE OF FLORIDA

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

Sanders Jr. v. State

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

State v. Calix

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

Byrd v. State

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

Byrd v. State

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

JOSE NEGRON GIL DE RUBIO v. STATE OF FLORIDA

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

RUBIN HERRERRA JIRO v. STATE OF FLORIDA

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

RICHARD MOORE v. STATE OF FLORIDA

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

MIAKKAR L. BROWN v. STATE OF FLORIDA

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

LAWRENCE SMITH v. STATE OF FLORIDA

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

LARRY O'BRYANT v. STATE OF FLORIDA

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

TAURIC GRIGGS v. STATE OF FLORIDA

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

HENRY J. BENJAMIN v. STATE OF FLORIDA

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

Terry D. Ellison, Jr. v. State of Florida

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

Joseph Luis Levin v. State of Florida

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

Joseph Luis Levin v. State of Florida

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

Cherry v. State

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

Cherry v. State

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

ROBERT KIRKLAND v. STATE OF FLORIDA

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

John F. Casey III v. State of Florida

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

Wyndel R. Hall v. Secretary, Department of Corrections

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

ISAC BROWN v. STATE OF FLORIDA

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

RAYMOND PLATT v. STATE OF FLORIDA

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

Barry K. Gordon v. State of Florida

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

Barry K. Gordon v. State of Florida

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

THEODORE WILLIAMSON v. STATE OF FLORIDA

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

THEODORE WILLIAMSON v. STATE OF FLORIDA

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

WILLIAM E. BYNES v. STATE OF FLORIDA

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

Hester v. State

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

ANTIONE HASTIE v. STATE OF FLORIDA

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

Buggs v. State

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

Buggs v. State

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

Buggs v. State

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

OMAR RUSHAWN BUGGS v. STATE OF FLORIDA

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

OMAR RUSHAWN BUGGS v. STATE OF FLORIDA

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

Cooper v. State

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

Cooper v. State

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

Cooper v. State

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

Francois v. State

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

TERRY STURGEON, SR. v. STATE OF FLORIDA

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

TERRY STURGEON, SR. v. STATE OF FLORIDA

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

DARYL MYERS v. STATE OF FLORIDA

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

TERRY MOORE v. STATE OF FLORIDA

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

TERRY MOORE v. STATE OF FLORIDA

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

Sanders Jr. v. State

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

TEQUAN RAHEEM FREEMAN v. STATE OF FLORIDA

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

Juan L. Jenkins v. State of Florida

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

VAN JACKSON v. STATE OF FLORIDA

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

MERLE J. STOKES v. STATE OF FLORIDA

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

Jones v. State

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

ELIAS ROSADO v. STATE OF FLORIDA

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

ANTONIO L. THOMPSON v. STATE OF FLORIDA

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

ANTHONY CLARKE v. STATE OF FLORIDA

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

LLOYD JOHNSON v. STATE OF FLORIDA

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

CHAD LANDRY KITTLES v. STATE OF FLORIDA

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

EDWARD KEELER v. STATE OF FLORIDA

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

TYVONN M. SCOTT v. STATE OF FLORIDA

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

DIAMOND JONEAL ALLEN v. STATE OF FLORIDA

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

NATHANIEL KIMBROUGH v. STATE OF FLORIDA

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

RAYMOND SORIA v. STATE OF FLORIDA

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

DEAN DELGUIDICE v. STATE OF FLORIDA

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

ROY O. DANIELS v. STATE OF FLORIDA

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

JIMMY K. BONEY v. STATE OF FLORIDA

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

GIBSON PAUL v. STATE OF FLORIDA

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

VERNET SEJOUR v. STATE OF FLORIDA

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

Planas v. State

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

FRANKLIN SANCHEZ v. STATE OF FLORIDA

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

KENNETH STEFFEN v. STATE OF FLORIDA

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

Andrews v. State

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

Andrews v. State

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

Andrews v. State

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

Andrews v. State

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

GERALD RAINEY v. STATE OF FLORIDA

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

CHANCY MALLORY v. STATE OF FLORIDA

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

STATE OF FLORIDA v. CHRISTOPHER WALK

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

Diggs v. State

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

Diggs v. State

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

Diggs v. State

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

ROBIN REID v. STATE OF FLORIDA

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

JOHN S. CAMMALLERI v. STATE OF FLORIDA

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

Eady v. State

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

TRELLIS L. LANIER v. STATE OF FLORIDA

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

CURTIS L. CARTER v. STATE OF FLORIDA

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

MARKEE DESHAWN FELTON v. STATE OF FLORIDA

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

JAMES EDWARD TERRY v. STATE OF FLORIDA

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

MICHAEL VENABLE v. STATE OF FLORIDA

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

MICHAEL VENABLE v. STATE OF FLORIDA

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

HERBERT MICHEL v. STATE OF FLORIDA

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

WESLEY PAUL v. STATE OF FLORIDA

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

MERLE J. STOKES v. STATE OF FLORIDA

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

STATE OF FLORIDA v. GERALD WEST

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

WILLIE PERRY v. STATE OF FLORIDA

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

Julian Lamont Foster v. State of Florida

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

Julian Lamont Foster v. State of Florida

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

BERTHOLE EUGENE v. STATE OF FLORIDA

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

Watson v. State

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

Watson v. State

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

VICTOR BOYD v. STATE OF FLORIDA

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

TRELLIS L. LANIER v. STATE OF FLORIDA

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

CLEMENT L. WILCHER v. STATE OF FLORIDA

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

RUSSELL DEPASQUALE v. STATE OF FLORIDA

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

MARKAL TILLMAN v. STATE OF FLORIDA

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

CANDACE SIMS v. STATE OF FLORIDA

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

Laverne Brown v. State of Florida

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

RAMON J. ROSARIO v. STATE OF FLORIDA

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

Smith v. State

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

Smith v. State

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

VICTOR ESTEVES v. STATE OF FLORIDA

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

TIMOTHY TYLER v. STATE OF FLORIDA

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

REBECCA L. MIGGINS v. STATE OF FLORIDA

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

ORMANDO WESBY v. STATE OF FLORIDA

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

MICHAEL A. MITCHELL v. STATE OF FLORIDA

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

BRYCE K. KENNEDY v. STATE OF FLORIDA

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

CYNTHIA GREEN-ANDERSON v. STATE OF FLORIDA

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

RODERICK MOSS v. STATE OF FLORIDA

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

ANGEL MASSAS v. STATE OF FLORIDA

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

SIMEI MOREIRA DA SILVA v. STATE OF FLORIDA

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

TIMOTHY P. WILLIAMS v. STATE OF FLORIDA

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

LESTER BAILEY v. STATE OF FLORIDA

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

Grover B. Reed v. State of Florida

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

WAYNE TREACY v. STATE OF FLORIDA

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

ALONSO KAOSAYAN HERNANDEZ v. STATE OF FLORIDA

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

EMANUEL POTTS v. STATE OF FLORIDA

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

Willie C. Ford Jr. v. State of Florida

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

Woodrow W. Rose v. State of Florida

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

LAWRENCE SETH WAYNE v. STATE OF FLORIDA

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

Rivera v. State

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

THOMAS CHRISTOPHER CREWS v. STATE OF FLORIDA

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

BILLY TYNER v. STATE OF FLORIDA

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

EVERALD ROY TUCKER v. STATE OF FLORIDA

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

NICHOLAS CONEY v. STATE OF FLORIDA

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

CHANCY MALLORY v. STATE OF FLORIDA

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

Lee v. State

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

PHILIP WALLACE STAUDERMAN v. STATE OF FLORIDA

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

DENIS CHAVEZ v. STATE OF FLORIDA

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

TERRENCE MINGO v. STATE OF FLORIDA

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

ROGER WILLIAM PITTS v. STATE OF FLORIDA

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

KENNEDY JONASSAINT v. STATE OF FLORIDA

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

VERNON CAREY v. STATE OF FLORIDA

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

MICHAEL DURHAM III v. STATE OF FLORIDA

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

KRISTINA M. LAWHON-GRIFFIS v. STATE OF FLORIDA

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

CHAD LANDRY KITTLES v. STATE OF FLORIDA

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

ANTHONY SCRIMA v. STATE OF FLORIDA

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

GRIAGAL BARR, III v. STATE OF FLORIDA

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

MICHAEL MCCLOUD v. STATE OF FLORIDA

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

De La Cruz v. State

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

Derrell J. Chamblee v. State of Florida

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

Derrell J. Chamblee v. State of Florida

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

Alfonso A. De La Cruz v. State

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

JOSEREN DESHUNE DELANCY v. STATE OF FLORIDA

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

EARNEST BARNES v. STATE OF FLORIDA

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

Espinosa v. State

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

Espinosa v. State

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

Kareem Abdul Johnson v. State of Florida

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

ELIJAH ELLINGTON v. STATE OF FLORIDA

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

ANTHONY MCMILLAN v. STATE OF FLORIDA

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

Junes v. State

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

Junes v. State

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

Quintero v. State

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

HELEN K. TIDWELL v. STATE OF FLORIDA

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

ISIAH JERMAINE CORBETT v. STATE OF FLORIDA

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

Richard C. Solomon v. State

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

CARLOS MANUEL MARTINEZ v. STATE OF FLORIDA

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

Green v. State

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

LINELL FEAGIN v. STATE OF FLORIDA

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

AVION LAWSON v. STATE OF FLORIDA

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

Dale B. Green v. State

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

KAREEM FARRELL v. STATE OF FLORIDA

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

KAREEM FARRELL v. STATE OF FLORIDA

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

WILFORD GARNER, IV v. STATE OF FLORIDA

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

ROY A. TOLLEY v. STATE OF FLORIDA

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

JOSE ARANDA v. STATE OF FLORIDA

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

CHARLES B. RUSSELL v. STATE OF FLORIDA

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

CHARLES B. RUSSELL v. STATE OF FLORIDA

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

PAUL W. MERRITT v. STATE OF FLORIDA

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

ROBERT RUMAN v. STATE OF FLORIDA

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

JEFFREY EDMOND v. STATE OF FLORIDA

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

DANIEL E. GORMAN, JR. v. STATE OF FLORIDA

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

TRAVIS RAINEY v. STATE OF FLORIDA

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

CHARLES RUDOLPH v. STATE OF FLORIDA

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

EDWARD BAKER v. STATE OF FLORIDA

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

DEVON FRANKLIN v. STATE OF FLORIDA

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

DILLON MCDONALD v. STATE OF FLORIDA

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

ANTRAWN D. PRICE v. STATE OF FLORIDA

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

ANTRAWN D. PRICE v. STATE OF FLORIDA

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

JENNIFER VASSEUR v. STATE OF FLORIDA

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

BRENTON JOHNSON, SR. v. STATE OF FLORIDA

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

WARREN NICOT v. STATE OF FLORIDA

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

PAUL AARONS v. STATE OF FLORIDA

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

ELLIOTT H. NEAL v. STATE OF FLORIDA

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

CHARLES T. REID v. STATE OF FLORIDA

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

ALVIN BERRIAN v. STATE OF FLORIDA

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

WARREN NICOT v. STATE OF FLORIDA

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

JESSEE THOMAS v. STATE OF FLORIDA

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

Wallace v. State

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

ARTHUR L. SANDERS, JR. v. STATE OF FLORIDA

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

JASON K. DYKES v. STATE OF FLORIDA

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

WILLIAM J. MAITRE, JR. v. STATE OF FLORIDA

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

BREON T. DAVIS v. STATE OF FLORIDA

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

BREON T. DAVIS v. STATE OF FLORIDA

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

MARCUS T. HOSTZCLAW v. STATE OF FLORIDA

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

Brian Wallace v. State

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

FELTON v. JORDAN v. STATE OF FLORIDA

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

TYRONE CAMPBELL v. STATE OF FLORIDA

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

DEALMOS JOHNSON v. STATE OF FLORIDA

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

LEE R. SCOTT v. STATE OF FLORIDA

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

LAWRENCE K. JOHNSON v. STATE OF FLORIDA

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

ELTON BOLDUC v. STATE OF FLORIDA

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

STEPHEN BREWSTER v. STATE OF FLORIDA

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

JAMES TINDAL v. STATE OF FLORIDA

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

DERYL L. BROOKS v. STATE OF FLORIDA

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

TAMBURELLO GRAHAM v. STATE OF FLORIDA

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

William G. Anderson v. State of Florida

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

MITCHELL STUKEL v. STATE OF FLORIDA

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

KELLY GARRICK v. STATE OF FLORIDA

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

DAVID FLEMING v. STATE OF FLORIDA

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

JOSE LUIS BARAJAS, II v. STATE OF FLORIDA

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

SEAN PATRICK BRADY v. STATE OF FLORIDA

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

ANTONIO FIDDEMON v. STATE OF FLORIDA

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

FRANK JACKSON v. STATE OF FLORIDA

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

MIGUEL HERNANDEZ v. STATE OF FLORIDA

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

JOSHUA LUCAS v. STATE OF FLORIDA

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

ALEXANDER LEO BROWN v. STATE OF FLORIDA

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

NEDD CHILDRESS v. STATE OF FLORIDA

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

BOOKER T. ROBERTS v. STATE OF FLORIDA

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

BOOKER T. ROBERTS v. STATE OF FLORIDA

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

KEVIN ROLLE v. STATE OF FLORIDA

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

RICKY PORTALATIN v. STATE OF FLORIDA

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

RAJIV A GRAY v. STATE OF FLORIDA

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

ANTONIO C. CARTER v. STATE OF FLORIDA

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

Joseph Turner v. State

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

ANDREW MITCHELL v. STATE OF FLORIDA

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

JERMAIN T. CARTER v. STATE OF FLORIDA

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

JERMAIN T. CARTER v. STATE OF FLORIDA

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

DAVID LOPEZ v. STATE OF FLORIDA

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

BOOKER T. TRAVIS, JR. W v. STATE OF FLORIDA

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

SAMUEL EDWARD ODOM, JR. v. STATE OF FLORIDA

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

CHAD E. CARTER v. STATE OF FLORIDA

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

Witt v. State

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

JAMES WITT v. STATE OF FLORIDA

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

Michael Levandoski v. State of Florida

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

ERIC L. WILEY v. STATE OF FLORIDA

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

JERMAINE E. JACKSON v. STATE OF FLORIDA

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

Graves v. State

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

BARRINGTON LEVY v. STATE OF FLORIDA

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

TEAH WIMBERLY v. STATE OF FLORIDA

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

DONOVAN JONATHAN TILLMAN v. STATE OF FLORIDA

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

ROSS JAY LAWSON v. STATE OF FLORIDA

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

JUNIO SAINVIL v. STATE OF FLORIDA

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

Johnson v. State

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

La Tissha M. Johnson v. State of Florida

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

FRED MASSARO v. STATE OF FLORIDA

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

Patrick L. Brown v. Sate

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

OLIVER S. STEEL v. STATE OF FLORIDA

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

ARON LUNA v. STATE OF FLORIDA

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

Rey v. State

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

SHANE RICHARDS v. STATE OF FLORIDA

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

Garfield Plummer v. State of Florida

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

ERIC KENNEDY SMITH v. STATE OF FLORIDA

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

ERIC KENNEDY SMITH v. STATE OF FLORIDA

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

Raheem Timothy Morris v. State of Florida

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

JEREMY CLAYTON GREENE v. STATE OF FLORIDA

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

Gilman v. State

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

DENNIS L. HART v. STATE OF FLORIDA

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

Edwardo De Juan v. State of Florida

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

Alberto Ruiz v. State

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

NORBERTO VASQUEZ v. STATE OF FLORIDA

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

Ronald Willard v. State of Florida

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

Jason Nicholas Frandi v. State of Florida

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

TERRY L. LEWIS v. STATE OF FLORIDA

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

TERRY L. LEWIS v. STATE OF FLORIDA

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

CHARLES HARRIS v. STATE OF FLORIDA

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

ROLAND FOURNIER v. STATE OF FLORIDA

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

Masis v. State

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

James McNair v. State

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

INGRAM HARPER v. STATE OF FLORIDA

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

TAVARES HUTCHINSON v. STATE OF FLORIDA

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

KELLY MOSLEY v. STATE OF FLORIDA

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

RAYMOND GRIFFIN v. STATE OF FLORIDA

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

CLAY E. BOYER, I I I v. STATE OF FLORIDA

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

BRIAN THOMAS v. STATE OF FLORIDA

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

RICKY MONTGOMERY v. STATE OF FLORIDA

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

RICKY MONTGOMERY v. STATE OF FLORIDA

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

GERALD SMITH v. STATE OF FLORIDA

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

ROSS JAY LAWSON v. STATE OF FLORIDA

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

JONATHAN EUGENE HUGHES v. STATE OF FLORIDA

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

Toland Jerome Bonner v. State of Florida

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

Terry Marshall III v. State of Florida

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

TIMOTHY BACON v. STATE OF FLORIDA

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

RONALD PRESSLEY v. STATE OF FLORIDA

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

ELEUTERIO ORTIZ OLIVO v. STATE OF FLORIDA

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

JAMES TYRONNE INGRAM v. STATE OF FLORIDA

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

JOHN DAVID WHITE v. STATE OF FLORIDA

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

JUSTIN M. NEUBURGER v. STATE OF FLORIDA

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

JOHN DAVID WHITE v. STATE OF FLORIDA

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

JUAN EMILIO VILLANUEVA v. STATE OF FLORIDA

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

RONALD L. THOMPSON v. STATE OF FLORIDA

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

TAMAR JACKSON v. STATE OF FLORIDA

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

XAVIER FUTRELL v. STATE OF FLORIDA

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

JOSE E. GUZMAN v. STATE OF FLORIDA

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

MARCEL D. THOMAS v. STATE OF FLORIDA

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

CORY FROST v. STATE OF FLORIDA

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

DAVID MCSWAIN v. STATE OF FLORIDA

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

OLIVER S. STEEL v. STATE OF FLORIDA

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

ROBERT STERN v. STATE OF FLORIDA

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

ROBERT STERN v. STATE OF FLORIDA

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

DAVID ROLLE v. STATE OF FLORIDA

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

MICHAEL CLARKE v. STATE OF FLORIDA

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

JOSEPH SILKY v. STATE OF FLORIDA

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

Humphrey v. State

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

Richard L. Connolly v. State

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

MIGDALIA BURGOS BRACONI v. STATE OF FLORIDA

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

MIGDALIA BURGOS BRACONI v. STATE OF FLORIDA

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

EDWARD AUSTIN v. STATE OF FLORIDA

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

Bobby Bigham v. State of Florida

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

SHAWN KING v. STATE OF FLORIDA

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

CLINTON BURNS, I I I v. STATE OF FLORIDA

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

NAKIA SIMETON v. STATE OF FLORIDA

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

RENARDO FERGUSON v. STATE OF FLORIDA

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

LEWIS P. WILLIAMS v. STATE OF FLORIDA

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

SAMEH SALIB SOLIMAN v. STATE OF FLORIDA

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

CHRISTIN BILOTTI v. STATE OF FLORIDA

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

Ashley Bishop v. State

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

Willard v. State

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

CURT LOCKETT v. STATE OF FLORIDA

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

ZACHARY A. VANHORN v. STATE OF FLORIDA

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

LARRY PERKINS v. STATE OF FLORIDA

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

EDMUND K. DAWES v. STATE OF FLORIDA

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

TIMOTHY KELLY v. STATE OF FLORIDA

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

SAMUEL BELL v. STATE OF FLORIDA

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

Deryck L. Katwaroo v. State

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

LESTER BAILEY v. STATE OF FLORIDA

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

MARLON GRANT v. STATE OF FLORIDA

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

JORDY FOSTER v. STATE OF FLORIDA

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

FRANK CRIMI v. STATE OF FLORIDA

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

WILLIAM WHITELEY v. STATE OF FLORIDA

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

Ronald D. Mendenhall v. State

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

Demetrius C. Cooper v. State

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

ALEXIS J. CARTAGENA v. STATE OF FLORIDA

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

MARKAL TILLMAN v. STATE OF FLORIDA

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

Jordan v. State

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

Wright v. State

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

CASIMIR GRIGLIK, III v. STATE OF FLORIDA

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

ROBERT OWENS, JR. v. STATE OF FLORIDA

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

ROBERT OWENS, JR. v. STATE OF FLORIDA

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

GERALD ARMSTRONG v. STATE OF FLORIDA

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

KURT MAKOVSKY v. STATE OF FLORIDA

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

Burks v. State

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

RAYMOND HILLARY v. STATE OF FLORIDA

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

DANIEL DOWNS v. STATE OF FLORIDA

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

FREDERICK FOSTER v. STATE OF FLORIDA

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

PHARES SYLINCE v. STATE OF FLORIDA

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

Miller v. State

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

DERRICK PETTIS v. STATE OF FLORIDA

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

Morgan v. State

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

Knight v. State

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

WILBERT HOLLINS v. STATE OF FLORIDA

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

PATRICK ELISCAR v. STATE OF FLORIDA

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

TRIMIDUS MILLER v. STATE OF FLORIDA

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

TRIMIDUS MILLER v. STATE OF FLORIDA

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

FREDERICK RUTHERFORD v. STATE OF FLORIDA

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

LEOPOLDO RUIZ v. STATE OF FLORIDA

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

ELIAS ROSADO v. STATE OF FLORIDA

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

Gilman v. State

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

RODNEY BURCH v. STATE OF FLORIDA

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

In re Amendments to Florida Rule of Criminal Procedure 3.192

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

In Re: Amendments to Florida Rule of Criminal Procedure 3.192

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

In Re: Amendments to Florida Rule of Criminal Procedure 3.192

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

Darriue Montgomery v. State

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

Brown v. State

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

Harrell v. State

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

JESSE CLEVELAND HARRELL v. STATE OF FLORIDA

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

Wright v. State

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

Acker v. State

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

Wright v. State

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

Mathis v. State

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

JOHN ANTHONY WRIGHT v. STATE OF FLORIDA

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

GREGORY BLUE v. STATE OF FLORIDA

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

Blue v. State

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

RAPHAEL ACKER v. STATE OF FLORIDA

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

DAVID JONES v. STATE OF FLORIDA

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

WATSON MATHIS v. STATE OF FLORIDA

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

ROBERT FRASER v. STATE OF FLORIDA

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

Derek Leon Walters v. State of Florida

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

Derek Leon Walters v. State of Florida

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

Ejak v. State

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

Washington v. State

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

Rosado v. State

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

Parker v. State

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

LEONARD MASTERS v. STATE OF FLORIDA

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

ANTONE J. TAYLOR v. STATE OF FLORIDA

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

ANGEL MASSAS v. STATE OF FLORIDA

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

ELIAS ROSADO v. STATE OF FLORIDA

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

ZACHARY PARKER v. STATE OF FLORIDA

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

GERALD TELFORT v. STATE OF FLORIDA

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

GERALD SHIFLET v. STATE OF FLORIDA

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

GREGORY WASHINGTON v. STATE OF FLORIDA

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

JEREMY BELSER v. STATE OF FLORIDA

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

Jason L. Williams v. State

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

THADDEUS SIMMS v. STATE OF FLORIDA

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

Raphael v. State

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

ELIE RAPHAEL v. STATE OF FLORIDA

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

MARIO BABROW v. STATE OF FLORIDA

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

ARNULFO RAMIREZ v. STATE OF FLORIDA

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

ROBERT EALY v. STATE OF FLORIDA

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

MARLON JOEL RIVERA v. STATE OF FLORIDA

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

WILBERT HOLLINS v. STATE OF FLORIDA

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

RICHARD RYAN JOHNSON v. STATE OF FLORIDA

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

FELIX EDWARD JINNERSON W v. STATE OF FLORIDA

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

GEORGE ESTEVES v. STATE OF FLORIDA

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

CHARLES COOK v. STATE OF FLORIDA

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

CHRISTOPHER H. THOMPSON v. STATE OF FLORIDA

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

ELIAS ROSADO v. STATE OF FLORIDA

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

Levar Jermaine Taborn Tyson v. State of Florida

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

JOSHUA HUBBERT v. STATE OF FLORIDA

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

JAMES THOMAS v. STATE OF FLORIDA

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

Madera v. State

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

TODD WILLIAMSON v. STATE OF FLORIDA

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

AMBROSE CALVIN v. STATE OF FLORIDA

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

DONALD H. EASTWOOD v. STATE OF FLORIDA

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

AMBROSE CALVIN v. STATE OF FLORIDA

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

Javier Madera v. State

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

Burks v. State

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

Keith D. Burks v. State of Florida

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

Brown v. State

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

CHRISTOPHER M. COREY v. STATE OF FLORIDA

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

OLIVER S. STEEL v. STATE OF FLORIDA

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

CHARLIE BLOUNT v. STATE OF FLORIDA

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

Jackson v. State

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

Angel L. Santiago, Jr. v. State

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

TODRICK BURSE v. STATE OF FLORIDA

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

DWAYNE MARSHALL v. STATE OF FLORIDA

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

MIGUEL A. HERNANDEZ v. STATE OF FLORIDA

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

DWAYNE MARSHALL v. STATE OF FLORIDA

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

JOHNNY WILLIAMS, JR. v. STATE OF FLORIDA

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

DANA WHITE v. STATE OF FLORIDA

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

DEIDRE D. THOMAS v. STATE OF FLORIDA

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

Jaques v. State

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

Clark v. State

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

ARTIS KELLY v. STATE OF FLORIDA

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

Dunbar v. State

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

Randy Anderson v. State of Florida

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

JEFFREY HASTINGS v. STATE OF FLORIDA

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

DUNCAN JASON SMITH v. STATE OF FLORIDA

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

Vilsaint v. State

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

Remilien v. State

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

Maxwell v. State

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

TIQUAN VILSAINT v. STATE OF FLORIDA

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

Newkirk v. State

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

Riddles v. State

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

WILLIAM ARTHUR MAXWELL v. STATE OF FLORIDA

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

MICHAEL REMILIEN v. STATE OF FLORIDA

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

JERRIEL LEE SWEET v. STATE OF FLORIDA

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

ALFRED TYRONE RIDDLES v. STATE OF FLORIDA

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

WILLIAM NEWKIRK v. STATE OF FLORIDA

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

MARK HADDEN v. STATE OF FLORIDA

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

TYRONE GLADON v. STATE OF FLORIDA

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

CHARLIE BENJAMIN RAWLS v. STATE OF FLORIDA

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

ORLANDO MCCORMACK v. STATE OF FLORIDA

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

McGill v. State

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

Jackson v. State

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

London v. State

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

Haye v. State

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

Woody v. State

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

Pinto v. State

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

MILTON JACKSON v. STATE OF FLORIDA

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

LISTON B. HAYE v. STATE OF FLORIDA

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

SANTOS MCGILL v. STATE OF FLORIDA

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

LEON KING v. STATE OF FLORIDA

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

WINSTON PINTO v. STATE OF FLORIDA

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

JERIAH WOODY v. STATE OF FLORIDA

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

WALTER LONDON v. STATE OF FLORIDA

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

TRAVIS M. CARROLL v. STATE OF FLORIDA

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

Gordon v. State

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

Reid v. State

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

WILLIE SLADE v. STATE OF FLORIDA

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

JOSEPH D. BALDINO v. STATE OF FLORIDA

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

Reynolds v. State

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

MICHAEL HARDY v. STATE OF FLORIDA

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

Secong v. State

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

Tacoby Charles Ross v. State of Florida

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

LAWYER THORNTON v. STATE OF FLORIDA

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

GARY PITTMAN v. STATE OF FLORIDA

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

ANTHONY JERONE LYLES v. STATE OF FLORIDA

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

ROBERT LEE KENON, JR. v. STATE OF FLORIDA

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

Chambers v. State

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

KANORRUS J. BUTLER v. STATE OF FLORIDA

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

NEVILLE EDWARDS W v. STATE OF FLORIDA

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

ANDRES RIGUEIRO v. STATE OF FLORIDA

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

PATRICK NAPPI v. STATE OF FLORIDA

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

WOODIE LEE THOMAS v. STATE OF FLORIDA

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

MATTHEW J. CRAIG v. STATE OF FLORIDA

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

MATTHEW J. CRAIG v. STATE OF FLORIDA

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

RONALD BAKER v. STATE OF FLORIDA

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

Watkins v. State

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

Terrance Tyrone Mason v. State of Florida

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

James M. Clark v. State of Florida

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

JONATHAN HUGHES v. STATE OF FLORIDA

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

SHANE SHAW v. STATE OF FLORIDA

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

LARRY ROGERS v. STATE OF FLORIDA

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

Montesino v. State

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

Clark v. State

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

Caison v. State

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

Gonzalez v. State

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

Chance M. Clark v. State

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

Jack Thomas Currie v. State of Florida

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

Craig Johnson v. State

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

Genovese v. State

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

Carlos J. Acevedo v. State of Florida

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

Doll v. State

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

Coleman v. State

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

Jacob Hornstra v. State

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

Watkins v. State

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

Lavers v. State

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

Flanders v. State

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

Davis v. State

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

Roger D. Seeley v. State

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

Jimenez v. State

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

Inchierchiere v. State

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

Aponte v. State

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

James E. McNair v. State

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

Dykes v. State

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

Sanchez v. State

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

Sanchez v. State

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

Merritt v. State

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

Webster v. State

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

Ronald Spring v. State of Florida

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

Ira L. Jackson v. State

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

Watts v. State

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

Watson v. State

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

Butler v. State

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

Kearney v. State

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

McDonald v. State

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

Sloppy v. State

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

Valdespino v. State

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

Morris v. State

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

Gray v. Department of Corrections

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

Jones v. State

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

In Re AMENDMENTS TO the FLORIDA RULES OF 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

German v. State

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

Wromas Jr. v. State

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

Lavender v. State

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

Angel Rodriguez v. State

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

Durkee v. State

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

Stewart v. State

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

Benitez v. State

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

Benitez v. State

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

Ejak v. State

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

Richard S. Davis v. State

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

Gonzalez v. State

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

Richard Warren Vanzile v. State of Florida

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

Kenneth Alfred Bicking, III v. State of Florida

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

Simmons v. State

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

Wilson v. State

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

Derrick K. Randolph v. State

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

Derrick K. Randolph v. State

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

Henderson v. State

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

Long v. State

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

Long v. State

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

Cameron Cox v. Secretary Florida Department of Corrections

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

Primavera v. State

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

K.O. v. State

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

Salvo v. State

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

Ivey v. State

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

Singletary v. State

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

Rumlin v. State

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

Morris v. State

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

Patterson v. State

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

President v. State

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

Issac L. Johnson v. State of Florida

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

Patrick Hawkins v. State of Florida

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

Goff v. State

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

Paul v. State

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

Cruz v. State

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

Miller v. State

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

Butler v. State

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

Sheena Latson v. State of Florida

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

Sheena Latson v. State of Florida

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

Stephenson v. State

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

Roosa v. State

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

Michael Hardy v. State of Florida

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

Hagan v. State

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

Willie Georges v. State of Florida

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

Seraphin v. State

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

Rodney Deleagal v. State of Florida

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

Rogero Wright v. State of Florida

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

Johnny Charles Jones v. State of Florida

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

Dennewitz v. State

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

Marvin C. Gill v. Julie Jones, in her official capacity as Secretary of the Florida Department of Corrections, and P. Skipper, Warden, Okeechobee Correctional Institutional

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

Marvin C. Gill v. Julie Jones, in her official capacity as Secretary of the Florida Department of Corrections, and P. Skipper, Warden, Okeechobee Correctional Institutional

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

Solorio v. State

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

Pawley v. State

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

Ramon D. Senger v. State

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

Ramon D. Senger v. State

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

Stewart v. State

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

William Whiteley v. State of Florida

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

William Whiteley v. State of Florida

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

Hutto v. State

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

State v. Philip Kogan

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

Isaac J. Nelson, III v. State of Florida

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

Robert E. Fratcher v. State of Florida

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

Renardo Ferguson v. State of Florida

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

Dale Webster v. State of Florida

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

Dale Webster v. State of Florida

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

Cappelletti v. State

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

Cappelletti v. State

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

Cruz v. State

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

George Cousnard v. State of Florida

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

Lawrence Lee Vinson v. State of Florida

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

King v. State

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

Elliott Vargas v. State

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

John Gay v. State of Florida

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

Jeremy James Odom v. State of Florida

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

Jerome McClellion v. State of Florida

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

Lluis v. State

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

Lluis v. State

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

Robert Easley v. State of Florida

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

Robert Easley v. State of Florida

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

Wilson v. State

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

Baskin v. State

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

Eric Grice v. State of Florida

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

Humberto De La Sota Rivera v. State of Florida

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

Donald McCormick v. State of Florida

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

Grice v. State

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

Justin Pilkington v. State of Florida

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

Andre Santonio Hill v. State of Florida

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

George Reynolds v. State

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

Williams v. State

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

Edwin E. Boyd, Sr. v. State of Florida

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

Negron v. Secretary, Florida Department of Corrections

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

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

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

Ricardo L. Whyms v. State of Florida

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

Latham v. State

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

Otis Woodberry v. State of Florida

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

Ace Patterson v. Secretary, Florida Department of Corrections

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

Ace Patterson v. Secretary, Florida Department of Corrections

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

Pierre v. State

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

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

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

P.R., a child v. State of Florida

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

P.R., a child v. State of Florida

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

Roberts v. State

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

Jeune v. State

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

McPherson v. State

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

Simmons v. State

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

Harris v. State

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

O'Donnell v. State

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

Norman Delacruz v. State of Florida

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

Felix J. Martinez v. State of Florida

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

Weckesser v. State

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

Gary E. Curley v. State of Florida

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

Espinosa v. State

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

Hodge v. State

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

Terrero v. State

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

Robert McManus v. State of Florida

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

William Joesph Mann v. State of Florida

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

William Joesph Mann v. State of Florida

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

Quintero v. State

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

Robert Anderson v. State of Florida

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

Taylor v. State

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

In Re: Amendments to the Florida Rules of 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

William Lee Rudd v. State of Florida

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

Hughes v. State

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

Osterhoudt v. State

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

Miller v. State

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

Rigby v. State

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

Lewis v. State

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

Lewis v. State

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

Lewis v. State

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

James L. Gore v. State of Florida

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

Dixon v. State

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

Brian M. Rankin v. State of Florida

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

Gianni Passino v. State of Florida

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

English v. State

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

Alvin E. Wright v. State of Florida

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

Monroe v. State

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

Wright v. State

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

Shawntavian Tucker v. State of Florida

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

Shawntavian Tucker v. State of Florida

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

Rodriguez v. State

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

Dale L. Allen v. State of Florida

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

Johnson v. State

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

Carlos J. Acevedo v. State of Florida

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

Michael Martinez v. State of Florida

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

Washington v. State

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

Smith v. State

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

Plasencia v. State

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

Moore v. State

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

Kirby v. State

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

State v. Jimenez

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

Flowers v. State

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

Marlon Horace Watson v. State of Florida

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

Linwood Lewis v. State of Florida

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

Linwood Lewis v. State of Florida

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

David Neverson v. State of Florida

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

Fred Washington v. State of Florida

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

Jonathan Lacue v. State of Florida

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

Peacock v. State

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

Zachary C. Dixon v. State of Florida

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

Leon K. Daniels v. State of Florida

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

Ande Kibwika v. State of Florida

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

Mark Anthony Alvarez v. State of Florida

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

Lanadieal N. Ashe v. State of Florida

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

Nickolas White v. State of Florida

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

Larry D. Weathers v. State of Florida

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

Cameron Tindal v. State of Florida

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

David Puzio v. State of Florida

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

Alexander Foster v. State of Florida

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

Khan v. State

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

Fernandez v. State

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

Tyrone K. Powell v. State of Florida

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

Tyrone K. Powell v. State of Florida

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

Zachary Lambert v. State of Florida

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

Anthony Dorsett v. State of Florida

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

Mitchell E. Fox v. State of Florida

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

Mikhail Murray v. State of Florida

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

Jonathan Somps v. State of Florida

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

CHRISTOPHER S. BUSBEE v. State of Florida

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

Landrum v. State

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

Anthony Laverne Hill v. State of Florida

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

Gadson v. State

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

Flowers v. State

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

4495- Kern R. Davis v. State of Florida

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

Davis v. State

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

Kenneth Isaac Parkerson v. State of Florida

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

Douglas v. State

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

Douglas v. State

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

Auriemma v. State

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

Joseph Gandy v. State

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

Labrandon Bodison v. State of Florida

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

Zachary Lambert v. State of Florida

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

Rowell v. State

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

Tony Murphy v. State of Florida

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

Gedehomme v. State

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

Gedehomme v. State

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

Richard Allen White v. State

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

Harris v. State

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

James Graham v. State

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

David Brasher v. State

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

Robert B. Talbot v. State of Florida

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

Brown v. State

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

Williams v. State

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

Moktar Foli v. State

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

Williams v. State

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

Gadson v. State

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

Turner v. State

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

Green v. State

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

Green v. State

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

Levitan v. State

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

Mediate v. State

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

Bueno v. State

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

Bueno v. State

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

White v. State

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

Denizard v. State

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

Paris v. State

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

Wylie Billups v. State

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

Lyons v. State

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

Lyons v. State

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

Dorn v. State

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

Vidiek Rodriguez v. State

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

McFarlane v. State

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

Gabriel Theiss v. State

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

Dean Chance Balikos v. State

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

Angel Guzman v. State

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

Scottie D. Lowe v. State of Florida

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

Nave v. State

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

Bueno v. State

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

Alzamora v. State

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

Obie Dewayne Holliman v. State of Florida

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

Obie Dewayne Holliman v. State of Florida

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

Sylvera Mathurin v. State

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

Todd Thomas Florio-Bundy v. State

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

Henry James Wright v. State

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

Casey v. State

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

Bruce v. State

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

Patterson v. State

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

Mubarak Qureshi v. State

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

Wayne M. Beaton v. State

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

Robert Dresch v. State

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

State v. Hodges

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

Howard v. State

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

Martin v. State

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

Miller v. State

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

Cortez Hatten v. State of Florida

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

Marcus Tramiane Terry v. State

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

Barnard v. State

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

Lugo-Fernandez v. State

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

David Arnett v. State of Florida

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

Johnson v. State

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

Ronald A. Thomas Jr. v. State of Florida

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

Kent Allen Sallas v. State

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

Capehart v. State

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

COREY R. CAPEHART v. State of Florida

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

Ricardo Vincent v. State

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

Conrad v. State

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

Robert L. Collier v. State of Florida

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

Ellis v. State

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

Ellis v. State

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

Santiago v. State

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

Henry Paul v. State

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

Span v. State

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

Armstrong v. State

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

Michael Barrett v. State

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

Cedric Dennard v. State

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

Maldonado v. State

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

Terrell Owen Wilson v. State

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

Tabarius Arline v. State

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

Hatten v. State

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

Antonio R. Hernandez v. State of Florida

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

Antonio R. Hernandez v. State of Florida

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

Mendoza v. State

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

Calvin E. Suggs, Jr. v. State

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

Larry Claycomb v. State of Florida

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

Fox v. Sam Johnson, Chairman Polk County Commissioners

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

Patterson v. State

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

Jacobrian Bray v. State

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

Robert Lee Davis v. State

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

Jewel Grier v. State

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

Farnell v. State

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

Rodgers v. State

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

Graham v. State

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

McPherson v. State

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

Moore v. State

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

Coker v. State

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

Sabbag v. State

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

Jackson v. State

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

Calderon v. State

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

Casica v. State

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

Jennings v. State

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

Durm v. State

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

Colvin v. State

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

Brazee v. State

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

Brazee v. State

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

Chandler v. State

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

Tyrone Jordan v. State of Florida

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

Robinson v. State

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

Scott v. State

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

Small v. State

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

Small v. State

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

Richmond v. State

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

Walker v. State

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

Robertson v. State

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

Robertson v. State

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

Walker v. State

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

Robinson v. State

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

In Re: Amendments To The Florida Rules of Criminal Procedure and The Florida Rules of Appellate 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

Cruz v. State

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

Cruz v. State

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

Mosley v. State

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

Formolo v. State

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

Gonzalez v. State

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

Whitehead v. State

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

Josey v. State

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

Cazares v. State

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

Kilbourn v. State

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

Gooding v. State

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

Kuiken v. State

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

Potter v. State

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

King v. State

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

Armstrong v. State

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

Brown v. State

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

Thomas v. State

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

Grier v. State

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

Betts v. State

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

Carpenter v. State

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

Shea v. State

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

Climpson v. State

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

Climpson v. State

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

Bass v. State

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

King v. State

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

Torrey v. State

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

Benabe-Rivera v. State

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

Reilly v. State

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

Smith-Taylor v. State

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

Walker v. State

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

Brown v. State

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

Bailey v. State

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

Tressler v. State

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

Hardy v. State

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

State v. Bynes

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

Johnson v. State

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

Steed v. State

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

Anderson v. State

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

Flaig v. State

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

Barnard v. State

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

Nash v. State

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

Small v. State

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

Thomas v. State

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

Simeton v. State

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

Perkins v. State

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

Duffy v. State

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

Godwin v. State

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

Hyland v. State

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

Baez v. State

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

Rivera v. State

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

Joiner v. State

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

Baron v. State

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

Daniels v. State

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

Burney v. State

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

Smith v. State

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

Troche-Vazquez v. State

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

Johnson v. State

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

Nieves v. State

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

Moreland v. State

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

Rodriguez v. State

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

Gordon v. State

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

Mackendale v. State

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

Shiflet v. State

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

In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate 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

Baity v. State

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

Green v. State

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

Amador v. State

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

Turner v. State

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

Turner v. State

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

Cunningham v. State

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

Patterson v. State

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

Villar v. State

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

Bonilla v. State

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

Cupas v. State

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

Bradley v. State

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

Martinez v. State

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

Mediate v. State

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

Williams v. State

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

Rocha v. State

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

Butler v. State

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

Pray v. State

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

Duncan v. State

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

Bradley v. State

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

Curry v. State

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

Curry v. State

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

Cooper v. State

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

Trapp v. State

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

Garvin v. State

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

Garvin v. State

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

Vinson v. State

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

Foster v. State

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

Ramos v. State

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

Shelton v. State

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

Coley v. State

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

Pena v. State

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

Lowery v. State

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

White v. State

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

Rangel v. State

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

Mattear v. State

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

Moore v. State

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

Walker v. State

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

Frison v. State

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

Wilson v. State

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

Buie v. State

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

In re Amendments to the Florida Rules of 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

Wolford v. State

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

Morgan v. State

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

Jackson v. State

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

Allen v. State

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

Lowndes v. State

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

Wright v. State

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

Juri v. State

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

Acosta v. State

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

King v. State

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

Walters v. State

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

Bhoolai v. State

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

State v. Stewart

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

Safrany v. State

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

Kelsey v. State

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

Brown v. State

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

Brown v. State

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

Mathieu v. State

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

Aumiller v. State

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

White v. State

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

Balikos v. State

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

Seymore v. State

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

Seymore v. State

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

Kent v. State

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

Hayes v. State

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

Rodriguez v. State

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

Senter v. State

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

Shine v. State

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

Anderson v. State

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

Chamblee v. State

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

Bailey v. State

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

Mancine v. State

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

Deaton v. State

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

Smith v. State

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

Middleton v. State

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

Jackson v. State

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

Plancarte v. State

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

Tyson v. State

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

Butler v. State

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

Jackson v. State

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

Beich v. State

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

Smith v. State

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

Bryant v. State

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

Negron v. State

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

Dunn v. State

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

Merricks v. State

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

King v. State

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

Fernandez-Tellez v. State

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

Cochran v. State

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

Wingard v. State

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

Cooper v. State

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

Ross v. State

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

Stokes v. State

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

Capote v. State

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

Blackshear v. State

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

Martin v. State

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

Castro v. State

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

Rosier v. State

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

Washington v. State

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

Washington v. State

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

Washington v. State

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

Mitchell v. State

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

Reyes v. State

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

Fernandez v. State

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

Smith v. State

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

Thompson v. State

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

Compton v. State

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

Francois v. State

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

NERSES v. State

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

Thompson v. State

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

Cimaglia v. State

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

Murry v. State

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

Gilchrist v. State

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

Bernal v. State

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

Vandyke v. State

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

Jackson v. State

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

Bray v. State

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

In re Amendments to Florida Rule of Criminal Procedure 3.800(C)

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

Ortega v. State

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

Fleming v. State

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

Davis v. State

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

Mapp v. State

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

Rollins v. State

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

Roberts v. State

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

Reeves v. State

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

Cotton v. State

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

Eustache v. State

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

Thompson v. State

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

Johnson v. State

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

Martinez v. State

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

ESCOBEDO-MUNIZ v. State

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

D.A.D. v. State

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

Battle v. State

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

Williams v. State

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

Smith v. State

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

MAHONEY-SMITH v. State

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

Lake v. State

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

Jimenez v. State

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

Johnson v. State

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

Stephens v. State

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

Stephens v. State

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

Minor v. State

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

King v. State

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

King v. State

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

Jean-Louis v. State

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

Medina v. State

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

Mitchell v. State

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

Palmer v. State

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

West v. State

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

Philippe v. State

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

Seplow v. State

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

O'Hearn v. State

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

Gantt v. State

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

Roberts v. State

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

Espinosa v. State

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

Douglas v. State

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

Walker v. State

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

Colvin v. State

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

Floyd v. State

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

Burton v. State

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

Johnson v. State

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

Martinez v. State

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

Brown v. State

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

Croft v. State

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

Lane v. State

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

Washington v. State

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

Pillajo v. State

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

Cooper v. State

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

Selvester v. State

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

Spano v. State

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

Akbar v. State

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

White v. State

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

Estrada v. State

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

Carson v. State

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

Hughes v. State

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

Moses v. State

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

De la Fuente v. State

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

Roca v. State

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

Plamondon v. State

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

Leander v. State

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

McKinney v. State

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

Allen v. State

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

Fulton v. State

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

Strickland v. State

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

Williams v. State

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

Lee v. State

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

Morrison v. State

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

Morris v. Buss

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

Thomas v. State

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

Aslinger v. State

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

Castillo v. State

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

Castillo v. State

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

Cunningham v. State

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

Robbins v. State

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

Richardson v. State

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

Woodruff v. State

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

Cortes v. State

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

Lyons v. State

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

Edwards v. State

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

Meshell v. State

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

Keitt v. State

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

Brown v. State

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

Williams v. State

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

Losh v. State

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

Moore v. State

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

Watson v. State

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

Butler v. State

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

Williams v. State

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

Wise v. State

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

In Re Commitment of Phillips

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

Cruz v. State

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

Soler v. State

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

Braxton v. State

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

Williams v. State

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

State v. Hackley

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

Sweitzer v. State

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

Starkes v. State

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

Bell v. State

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

Jimenez v. State

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

Jimenez v. State

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

Richendollar v. State

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

Williams v. State

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

Agharaumunna v. State

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

Rivas v. State

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

FIGUERREO v. State

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

Sult v. State

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

Sheffield v. State

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

Elozar v. State

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

Johnson v. State

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

JUSTEZ v. State

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

Witherspoon v. State

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

SHAKIR v. State

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

Grable v. State

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

Brooks v. State

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

Brooks v. State

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

Kelly v. State

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

McGarrah v. State

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

Odom v. State

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

Lynch v. State

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

Lynch v. State

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

Jackson v. State

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

Linhares v. State

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

State v. Rahal

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

State v. Rahal

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

Brooks v. State

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

Gabriel v. State

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

S.R. v. State

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

Thompson v. State

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

Edwards v. State

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

Martin v. State

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

Lynn v. State

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

Shelton v. State

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

Smith v. State

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

Singletary v. State

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

Doss v. State

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

Daffin v. State

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

Bauer v. State

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

O'Berry v. State

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

Mitchell v. State

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

Pernell v. State

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

Buggs v. State

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

Daneker v. State

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

Brown v. State

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

Hyland v. State

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

AFFENITO v. State

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

Williams v. State

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

SESMAS v. State

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

Leonard v. State

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

Kennedy v. State

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

Fleming v. State

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

Fleming v. State

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

Holland v. State

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

Ponce v. State

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

Kinsy v. State

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

Williams v. State

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

Wright v. State

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

Dorsey v. State

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

Romero v. State

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

Scott v. State

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

Alphonso v. State

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

Poole v. State

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

Poole v. State

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

Carroll v. State

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

Mehl v. State

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

Mehl v. State

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

Harvey v. State

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

Stocker v. State

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

Deveaux v. State

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

Rivera v. State

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

Martinez v. State

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

Ghent v. State

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

Burrow v. State

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

Campbell v. State

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

Svenson v. State

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

Cribbs v. State

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

Brown v. State

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

Collins v. State

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

Collins v. State

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

Curry v. State

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

Hall v. State

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

Hoag v. State

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

Wells v. State

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

Breitberg v. State

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

Meade v. State

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

Kelly v. State

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

Shorter v. State

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

Johnson v. State

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

Durbrow v. State

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

Herrington v. State

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

Green v. State

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

Guerrero v. State

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

Guerrero v. State

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

Wilson v. Florida Department of Corrections

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

Esty v. State

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

Bernal v. State

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

Powell v. State

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

MacIas v. State

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

Macool v. State

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

Baez v. State

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

Baez v. State

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

Hilliard v. State

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

Fisher v. State

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

Miller v. State

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

Moss v. State

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

Perez v. State

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

Thompson v. State

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

Fierro v. State

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

Myers v. State

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

Carvajal v. State

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

Vasquez v. State

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

Weaver v. State

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

Dragon v. State

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

Rodriguez v. State

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

Evans v. State

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

Evans v. State

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

CERNAK v. State

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

Jacques v. State

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

Bradley v. State

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

Green v. State

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

Jones v. State

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

Stratton v. State

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

Stratton v. State

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

Phillips v. State

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

Jenkins v. State

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

Merrell v. State

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

Espinosa v. State

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

Watts v. State

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

Elliott v. State

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

Elliott v. State

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

Delgado v. State

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

Farr v. State

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

Maddox v. State

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

Robinson v. State

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

Wilder v. State

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

Marshall v. State

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

Marshall v. State

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

Palmer v. State

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

Palmer v. State

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

Barclay v. State

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

Rodriguez v. State

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

Jones v. State

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

Jones v. State

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

Davis v. State

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

Johnson v. State

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

Everett v. State

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

Gooding v. State

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

Reyes v. State

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

Sailor v. State

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

Stewart v. State

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

Mills v. State

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

Ponton v. State

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

Deering v. State

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

Williamson v. State

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

Pettit v. State

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

Johnson v. State

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

Smith v. State

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

Parker v. State

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

Baker v. State

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

MAKOSKI v. State

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

Thompson v. State

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

Bennett v. State

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

Swain v. State

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

Hicks v. State

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

Green v. State

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

Oyola v. State

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

Smith v. State

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

Cokley v. State

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

Cokley v. State

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

Hogan v. State

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

Beil v. State

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

Beil v. State

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

Osorio v. Secretary, Department of Corrections

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

Tarr v. State

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

Murphy v. State

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

Powell v. State

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

Allen v. State

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

HEPFER v. State

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

Riggins v. State

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

Phillips v. State

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

Burns v. State

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

Alexander v. Secretary, Department of Corrections

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

Sheeler v. State

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

Veloz v. State

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

Pride v. State

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

Ayala v. State

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

SHOVE v. State

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

Johnson v. State

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

McNeil v. State

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

Logreira v. State

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

LOGREIRA v. State

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

Witt v. State

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

Witt v. State

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

Leeks v. State

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

Johnson v. State

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

Sullivan v. State

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

Irvin v. State

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

McDaniel v. State

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

Johnson v. State

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

Cruz v. State

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

Cruz v. State

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

Alexander v. Secretary, Department of Corrections

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

Alexander v. Secretary, Department of Corrections

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

Bell v. State

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

Henderson v. State

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

Johnson v. State

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

Plummer v. State

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

Clark v. State

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

Davis v. State

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

James v. State

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

James v. State

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

Poitier v. State

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

Fisher v. State

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

Mobley v. State

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

Riffe v. State

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

Barrett v. State

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

Roman v. State

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

Grant v. State

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

Pontius v. State

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

Jackson v. State

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

Jackson v. State

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

Morrow v. State

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

Torres v. State

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

Mento v. State

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

Barrett v. State

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

Williams v. State

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

Williams v. State

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

Davis v. State

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

Czetli v. State

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

Davis v. State

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

Phillips v. State

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

Martinez v. State

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

Webb v. State

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

Winborne v. State

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

Shafer v. State

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

Lane v. State

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

Bullard v. State

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

Johnson v. State

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

Washington v. State

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

Washington v. State

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

Washington v. State

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

Anderson v. State

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

Sanchez v. State

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

Robinson v. State

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

Mulligan v. State

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

Taylor v. State

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

Bass v. State

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

Ross v. State

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

Ross v. State

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

Wiley v. State

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

Barnes v. State

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

Wilkinson v. State

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

Hawthorne v. State

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

Anderson v. State

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

Kuehl v. Bradshaw

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

Museau v. State

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

GRUENBAUM v. State

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

Dixon v. State

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

Brewer v. State

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

Edwards v. State

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

Mills v. State

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

Arnold v. State

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

McGriff v. State

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

Skinner v. State

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

Johnson v. State

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

In re Amendments to Florida Rule of Criminal Procedure—Rule 3.800

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

Ojeda v. State

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

Rivera v. State

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

Hines v. State

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

Ghanem v. State

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

Williams v. State

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

Morin v. State

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

Garza v. State

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

Dean v. State

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

Palm v. State

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

O.H. v. State

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

Eggleston v. State

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

Williams v. State

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

Cruller v. State

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

Daniels v. State

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

Longley v. State

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

Chester v. State

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

Smith v. State

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

Thompson v. State

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

Walker v. State

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

Katwaroo v. State

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

Bennett v. State

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

Shelton v. State

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

Nune v. State

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

Wilbon v. State

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

Connor v. State

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

Criswell v. State

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

Rodgers v. State

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

Hazelton v. State

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

Glisson v. State

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

Soeldner v. State

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

Clarke v. State

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

Mason v. State

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

Miller v. State

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

Wright v. State

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

Wright v. State

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

Dexter v. State

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

Agard v. State

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

Carter v. State

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

Felton v. State

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

Taylor v. State

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

Taylor v. State

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

Harris v. State

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

Sims v. State

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

Mallon v. State

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

Mallon v. State

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

McCoggle v. State

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

Goelz v. State

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

Brooks v. State

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

Daniels v. State

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

Maddox v. State

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

Maddox v. State

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

Earley v. State

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

Earley v. State

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

Baker v. State

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

Baker v. State

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

Jackson v. State

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

Kong v. State

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

Poole v. State

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

Brown v. State

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

Johnson v. State

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

Staley v. State

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

Ruotolo v. State

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

Blidge v. State

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

Sharkey v. State

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

Sharkey v. State

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

Allmond v. State

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

Johnson v. State

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

Gasparovic v. State

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

Morrison v. State

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

Grason v. State

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

Warner v. State

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

Hathcock v. State

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

Harper v. State

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

Smith v. State

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

Collins v. State

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

Franklin v. State

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

Bautz v. State

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

Shabazz v. State

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

Gould v. State

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

Barrington v. State

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

Barrington v. State

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

Wilson v. State

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

Brown v. State

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

Jiminez v. State

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

Farmer v. State

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

Wilson v. State

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

James v. State

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

Beasley v. State

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

Tyler v. State

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

Tyler v. State

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

Cosby v. State

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

Heath v. State

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

Rosensteel v. State

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

Derrico v. State

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

Lopez v. State

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

Armstrong v. State

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

Walkes v. State

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

Besong v. State

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

Stewart v. State

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

State v. Hudson

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

State v. Hudson

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

Brown v. State

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

Dennard v. State

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

Dennard v. State

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

Gibson v. State

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

Cooper v. State

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

Carter v. State

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

Williams v. State

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

Williams v. State

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

Jackson v. State

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

Carr v. State

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

Floran v. State

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

Floran v. State

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

Williams v. State

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

Johnson v. State

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

Wilson v. State

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

Wright v. State

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

Cooper v. State

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

Mestres v. State

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

Curtis v. State

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

Espinosa v. State

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

Jackson v. State

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

Seitz v. State

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

Howard v. State

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

Fenelon v. State

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

Whitaker v. State

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

Kahane v. State

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

Rogers v. State

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

Nelson v. State

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

Jackson v. State

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

Brooks v. State

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

Spry v. State

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

Spry v. State

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

Phillips v. State

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

Pope v. State

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

Dennewitz v. State

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

Mosley v. State

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

Thomas v. State

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

Janowski v. State

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

Morales v. State

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

Witmer v. State

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

Jackson v. State

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

Perez v. State

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

Padilla v. State

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

Calloway v. State

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

Scott v. State

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

Mingo v. State

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

McIntosh v. State

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

Borroto v. State

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

Simmons v. State

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

Walker v. State

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

Rivas v. State

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

Adams v. State

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

Blashford v. State

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

Daily v. State

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

Daily v. State

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

Williams v. State

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

Padilla v. State

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

Harper v. State

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

Luma v. State

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

Jefferson v. State

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

Shatley v. State

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

Parham v. State

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

King v. State

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

Moore v. State

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

Thomas v. State

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

Duncan v. State

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

McCrary v. State

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

Wilson v. State

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

Scott v. State

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

Gardner v. State

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

State v. Shinall

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

Lynch v. State

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

Turner v. Florida

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

Trigg v. State

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

Lawson v. State

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

Cokley v. State

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

Bradley v. State

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

Keifner v. State

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

Jackson v. State

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

Jenkins v. State

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

Sherlock v. State

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

Garcia v. State

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

Hall v. State

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

Maxwell v. State

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

Galindez v. State

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

Thomas v. State

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

Jerome v. State

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

Johnson v. State

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

Sinclair v. State

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

Becker v. State

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

Lee v. State

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

McLeod v. State

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

Renye v. State

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

Renye v. State

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

Griffin v. State

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

Strobridge v. State

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

Mincey v. State

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

Brotons v. State

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

Schiming v. State

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

Rydberg v. State

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

Padilla v. State

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

Rodriguez v. State

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

Murph v. State

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

Kensler v. State

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

White v. State

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

Connolly v. State

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

Vickers v. State

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

Devlin v. State

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

Wildeson v. State

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

Amendments to the Florida Rules of 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

Holland v. State

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

Green v. State

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

Butler v. State

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

Cummings v. State

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

Colette v. State

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

Lewis v. State

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

Lewis v. State

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

Bentley v. State

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

Barber v. State

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

Acevedo v. State

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

Torrealba v. State

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

Sigler v. State

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

Smith v. State

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

Shervis v. State

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

Cline v. State

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

Demps v. State

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

White v. State

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

Austin v. State

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

Rose v. State

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

Teague v. State

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

Hubbard v. State

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

Woodson v. State

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

Barnes v. State

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

Hurt v. State

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

Brooks v. State

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

Brooks v. State

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

Jackson v. State

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

Young v. State

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

Williams v. State

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

Branch v. State

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

Washington v. State

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

Davis v. State

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

Butler v. State

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

Perry v. State

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

Thompson v. State

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

Perkins v. State

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

Guerrier v. State

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

Larsen v. State

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

Fritzner v. State

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

Kopp v. State

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

Yancy v. State

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

Yancy v. State

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

Mitchell v. State

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

Smith v. State

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

Medina v. State

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

Smiley v. State

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

Smith v. State

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

Ross v. State

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

Boatwright v. State

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

Crease v. State

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

Clark v. State

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

Dow v. State

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

Wilson v. State

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

Harris v. State

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

Ferguson v. State

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

Pena v. State

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

Sanders v. State

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

Johnson v. State

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

Brooks v. State

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

Escobedo v. State

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

Ey v. State

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

Anderson v. State

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

Wiggins v. State

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

Wilson v. State

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

Hall v. State

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

Andrews v. State

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

Johnson v. State

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

Swiggum v. State

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

Ferguson v. State

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

MacPherson v. State

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

Moses v. State

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

Moses v. State

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

Spain v. State

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

Hepburn v. State

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

Hepburn v. State

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

Lester v. State

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

Davis v. State

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

Washington v. State

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

Johnson v. State

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

Powell v. State

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

Averette v. State

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

Washington v. State

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

Hawn v. State

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

Brownlee v. State

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

Perez v. State

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

Macaluso v. State

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

Dragani v. State

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

Johnson v. State

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

Nelson v. State

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

Eastwood v. State

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

Hastings v. Krischer

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

Hastings v. Krischer

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

Rosales v. State

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

Welch v. State

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

Carter v. State

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

Lamb v. State

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

McMaster-Wade v. State

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

Wallis v. State

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

Wilson v. State

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

Robenson v. State

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

Pettis v. State

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

McMillian v. State

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

Montanalima v. State

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

N.C. v. Anderson

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

Franklin v. State

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

Workman v. State

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

Tisdol v. State

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

Thomas v. State

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

Joeb v. State

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

Edmond v. State

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

Levitt v. State

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

Clark v. State

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

Ingram v. State

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

Gonzalez v. State

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

Jenkins v. State

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

Robinson v. State

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

Edmondson v. State

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

Stevens v. State

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

T.D.F. v. State

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

Steiner v. State

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

Harrell v. State

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

Norman v. State

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

Knight v. State

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

Delapierre v. State

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

Ellison v. State

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

Andujar v. State

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

Washburn v. State

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

Washburn v. State

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

Phipps v. State

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

Galarza v. State

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

Allums v. State

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

Dixon v. State

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

Battle v. State

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

Orosco v. State

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

Dennison v. State

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

Wilson v. State

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

Toto v. State

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

Toto v. State

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

Lampkins v. State

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

Davis v. State

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

Brown v. State

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

Darling v. State

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

Garcia v. State

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

Smith v. State

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

Gadsen v. State

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

Price v. State

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

Kunsman v. State

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

Lucas v. State

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

Swain v. State

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

Barfield v. State

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

Torres v. State

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

Anderson v. State

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

Fletcher v. State

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

Anderson v. State

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

Horttor v. State

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

Parrillo v. State

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

Weigle v. State

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

Terry v. State

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

McCoy v. State

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

Brooks v. State

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

Bostic v. State

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

Byrd v. State

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

Jean v. State

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

Herrera v. State

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

Robinson v. State

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

Mitchell v. State

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

Miller v. State

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

Gainer v. State

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

Davis v. State

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

Smith v. State

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

Archambault v. State

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

Archambault v. State

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

Vickery v. State

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

Dudash v. State

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

George C. Delancy v. Florida Department of Corr.

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

George C. Delancy v. Florida Department of Corr.

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

Holt v. State

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

Kinsler v. State

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

Johnson v. State

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

State v. Bynes

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

Richardson v. State

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

Baker v. State

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

Blanford v. State

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

Pace v. State

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

Ortiz v. State

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

Ortiz v. State

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

St. Lawrence v. State

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

Santana v. State

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

Williams v. State

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

Robinson v. State

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

Meyers v. State

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

Garcia v. State

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

Vaughan v. State

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

Nastri v. State

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

Potter v. State

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

Cosby v. State

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

Tippins v. State

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

Melley v. State

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

Bostic v. State

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

Greenwood v. State

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

Bridges v. State

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

Bridges v. State

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

Thacker v. Singletary

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

Phillibert v. State

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

Austin v. State

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

Culberhouse v. State

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

Johnson v. State

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

Frazier v. State

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

Campbell v. State

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

Hampton v. State

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

Jones v. State

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

Erickson v. State

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

Griffin v. State

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

Dennis v. State

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

Burnsed v. State

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

Black v. State

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

Levy v. State

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

Davis v. State

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

Torres v. State

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

Nixon v. State

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

Taylor v. State

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

Tranquille v. State

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

Tranquille v. State

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

Johnson v. State

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

Brown v. State

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

Wilson v. State

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

Amendments to Florida Rules of Criminal Procedure 3.670 & 3.700(b)

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

Baker v. State

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

R.D. v. State

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

Maybusher v. State

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

Bryant v. State

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

Ingledue v. State

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

Orosco v. State

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

Hewitt v. State

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

Picariello v. State

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

Brown v. State

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

Bradley v. State

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

Tosco v. State

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

Boston v. State

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

Adams v. State

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

Reid v. State

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

Hill v. State

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

Linton v. State

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

Popejoy v. State

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

Sauceda v. State

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

Davis v. State

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

Pino-Roque v. State

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

T.G. v. State

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

State v. Bailey

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

Johnson v. State

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

Matthews v. State

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

Allen v. State

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

Tobin v. State

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

Tyler v. State

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

Taylor v. State

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

Dawes v. State

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

Edwards v. State

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

Momplaisir v. State

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

Brown v. State

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

Thomas v. State of Florida

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

Solomon v. State

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

Solomon v. State

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

Acevedo v. State

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

Prestello v. State

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

Short v. State

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

T.W.L. v. State

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

Jackson v. State

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

Hopping v. State

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

Merriman v. State

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

Jean-Baptiste v. State

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

Harris v. State

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

Turner v. State

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

Yacques v. State

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

Harris v. State

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

Serrano v. State

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

Sheppard v. State

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

Brannan v. State

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

Edwards v. State

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

Hill v. State

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

Miller v. State

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

State v. Abreu

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

Williams v. State

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

Anderson v. State

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

Burch v. State

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

Booker v. State

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

Wright v. State

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

Permenter v. State

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

Wiley v. State

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

Anthony v. Singletary

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

Atkinson v. State

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

Henderson v. Singletary

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

Smith v. State

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

McKay v. State

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

Scott v. State

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

Davis v. State

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

Boykin v. State

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

Lewis v. State

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

State v. Stevens

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

Graham v. State

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

Gladfelter v. State

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

Pittman v. State

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

Brown v. State

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

Washington v. State

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

Slappey v. State

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

Simmons v. State

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

Harris v. State

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

McCoy v. State

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

Carter v. State

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

Elps v. State

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

Colvin v. State

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

Vick v. State

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

Tapia v. State

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

Sims v. State

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

Session v. State

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

Wells v. State

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

Layton v. State

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

Fogle v. State

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

Jennings v. State

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

State v. Katzman

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

Joseph v. State

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

Smith v. State

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

Miller v. State

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

State v. English

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

Lauxman v. State

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

Dealto v. State

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

Sweeting v. State

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

Bertone v. State

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

Bolt v. State

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

State v. Sutton

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

Kiehl v. State

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

Summerlin v. State

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

State v. Migdahl

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

Petters v. State

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

Collins v. State

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