LACCE WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the denial of the defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) finding that his claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence. See Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004). We certify direct conflict with Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004).
Affirmed; direct conflict certified.
LEVY, C.J., and GREEN, J., concur.
COPE, J.
(concurring).
I agree. This court has previously held that a claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994).
There are two more recent cases which addressed vindictive sentencing claims which had been brought under Rule 3.800(a), but both are distinguishable.
In Ortiz v. State, 884 So. 2d 1086 (Fla. 3d DCA 2004), this court issued an opinion denying a claim of vindictive sentencing which had been brought under Rule 3.800(a). There is no indication that any procedural objection was raised to the use of Rule 3.800(a) in that case, and the procedural issue was not discussed in the Ortiz opinion.
In Smith v. State, 842 So. 2d 1047 (Fla. 3d DCA 2003), this court issued an opinion which granted relief on a vindictive sentencing claim which had been brought under Rule 3.800(a). Again, there is no indication that any procedural objection was raised to the use of Rule 3.800(a) in that case, and the panel opinion did not discuss the procedural issue. A review of this court’s file in Smith indicates that the Rule 3.800(a) motion was filed within the two-year time limit for a motion under Florida Rule of Criminal Procedure 3.850. Since the Rule 3.800(a) motion could have been treated as a timely Rule 3.850 motion, the procedural error had no practical significance in that case.
In this case the appellant’s conviction became final on direct appeal in 1998. See Wright v. State, 710 So. 2d 76 (Fla. 3d DCA 1998). Since under this court’s precedent the motion cannot be entertained under Rule 3.800(a), and since the motion is time-barred if considered under Rule 3.850, it follows that affirmance is in order here.
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Satahoo v. State, 895 So. 2d 1195 (Fla. 3d DCA 2005)…PER CURIAM. We affirm the denial of the defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) finding that his claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence. Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004). We also certify direct conflict with Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004). Affirmed; direct conflict certified.…
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Evans Reese v. State, 896 So. 2d 807 (Fla. 3d DCA 2005)…dure 3.800(a), the defendant argues that he was vindictively sentenced. The trial court correctly denied the motion because a vindictive sentencing claim cannot be brought by a motion to correct illegal sentence under Rule 3.800(a). Wright v. State, 891 So. 2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994); see also Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA), rev. denied, 888 So. 2d 621 (Fla.2004). We comment briefly on two recent cases from this court which addressed vindicti…
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Taylor v. State, 897 So. 2d 495 (Fla. 3d DCA 2005)…‘illegal’ for purposes of Rule 3.800(a).” Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994) (citing State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993), opinion adopted, 638 So. 2d 515 (Fla.1994)) (citation omitted). See also Wright v. State, 891 So. 2d 618, No. 3D04-2789 (Fla. 3d DCA opinion filed Jan. 26, 2005); Ey v. State, 884 So. 2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So. 2d 726, 727-28 (Fla. 2d DCA), rev. denied, 888 So. 2d 621 (Fla.2004). We comment briefly on two recent cases from this…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004)
- Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004)
- Valencia v. State, 645 So. 2d 1085 (Fla. 3d DCA 1994)
- Smith v. State, 842 So. 2d 1047 (Fla. 3d DCA 2003)
- Romano v. E. Fin. Fed. Credit Union, 842 So. 2d 1047 (Fla. 4th DCA 2003)
- Ortiz v. State, 884 So. 2d 1086 (Fla. 3d DCA 2004)
- Lacce Wright v. State, 710 So. 2d 76 (Fla. 3d DCA 1998)