JEROMY BAUTZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEROMY BAUTZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
932 So. 2d 465
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The denial of Bautz’s rule 3.800 motion to correct sentence is affirmed without prejudice. Bautz may raise the claim of a violation of the plea agreement in a timely and legally sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850. See Catlin v. State, 929 So. 2d 1087 (Fla. 4th DCA 2006); Lee v. State, 637 So. 2d 391 (Fla. 4th DCA 1994).
SHAHOOD, GROSS and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Benny Arzola Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017)…nt that a motion to correct an illegal sentence may be brought at any time. It is also consistent with the First District’s pronouncement that “[a] manifest injustice occurs when a defendant’s sentence exceeds the statutory maximum.” Eason v. State, 932 So. 2d 465, 467 (Fla. 1st DCA 2006). The need for finality should not outweigh the substantive due process concerns that a defendant is being sentenced not based upon the law, but upon a mistake. Judges have tremendous discretion in sentencing. When they exce…
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Davis v. State, 26 So. 3d 647 (Fla. 2d DCA 2010)…given that the last order from Escambia County refused to consider his claim under that rule. Obviously, relief may be granted to correct a manifest injustice even if the circuit court has previously denied a claim on its merits. See Eason v. State, 932 So. 2d 465 (Fla. 1st DCA 2006). Accordingly, we reverse the order of the circuit court of the Sixth Judicial Circuit in Pasco County denying Mr. Davis’s petition for a writ of habeas corpus and direct that the petition be transferred to the circuit court of t…
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Adderly v. State, 958 So. 2d 997 (Fla. 5th DCA 2007)…the following cases stating and applying the old [*999] rule, which has now been superseded by the amendment to section 958.045(5)(c), approved by chapter 06-270, Laws of Florida: Porter v. State, 940 So. 2d 579 (Fla. 1st DCA 2006); Eason v. State, 932 So. 2d 465 (Fla. 1st DCA 2006); Diaz v. State, 929 So. 2d 668 (Fla. 1st DCA 2006); Cutler v. State, 927 So. 2d 249 (Fla. 2d DCA 2006); Claridy v. State, 911 So. 2d 856 (Fla. 1st DCA 2005); Green v. State, 902 So. 2d 898 (Fla. 1st DCA 2005); Holmes v. State, 89…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stevens v. State, 929 So. 2d 1087 (Fla. 1st DCA 2006)
- Catlin v. State, 929 So. 2d 1087 (Fla. 4th DCA 2006)
- Lischin v. Dade Cnty. Sch. Bd., 637 So. 2d 391 (Fla. 3d DCA 1994)
- LEE v. State, 637 So. 2d 391 (Fla. 4th DCA 1994)