EDRICK LEE HINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*659] COVINGTON, Judge.
Edrick Lee Hines appeals from the summary denial of his motion to correct illegal sentence. Hines claims that his sentence is illegal under this court’s decision in Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), which held chapter'99-188, Laws of Florida, unconstitutional. Hines’ claim is facially insufficient as he does not claim that his date of offense is within the window created by Taylor, nor does he inform the court of what he was convicted, all things required to create a facially sufficient Taylor claim. We therefore affirm without prejudice to Hines’ filing a facially sufficient 3.800(a) motion.
FULMER and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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Roach v. State, 842 So. 2d 999 (Fla. 2d DCA 2003)…821 So. 2d 302 (Fla.2002). Although Roach’s motion alleged the date of his arrest, the motion was facially insufficient because it did not affirmatively allege that the date of his offense fell within the window created by Taylor. See Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003). We note that the circuit court did not deny Roach’s motion as facially insufficient. Instead, it denied the motion without prejudice to refile when the Florida Supreme Court completed its review of the Taylor decision. On May 2…1 / 2
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Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003)…(Fla. 2d DCA 2003) (“A claim that a mandatory minimum sentence was illegally imposed is cognizable in a rule 3.800(a) motion where the error is apparent on the face of the record.”); McCabe v. State, 844 So. 2d 703 (Fla. 2d DCA 2003); Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003); Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001). Nevertheless, although I believe that Hersey, Carlson, and Jones II were wrongly decided and an ex post facto violation has occurred here, I must apply those decisions as bindin…
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Pena v. State, 853 So. 2d 1120 (Fla. 5th DCA 2003)…(Fla. 2d DCA 2003) (“A claim that a mandatory minimum sentence was illegally imposed is cognizable in a rule 3.800(a) motion where the error is apparent on the face of the record.”); McCabe v. State, 844 So. 2d 703 (Fla. 2d DCA 2003); Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003); Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001). Nevertheless, although I believe that Hersey and Carlson were wrongly decided and an ex post facto violation has occurred here, I must apply those decisions as binding precedent…
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- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)