GARY C. QUILLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY C. QUILLING, APPELLANT,
STATE OF FLORIDA, APPELLEE
940 So. 2d 548
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the denial of Gary Quilling’s motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Quilling misconstrues the mandatory minimum sentencing laws applicable to him. Those laws set forth the minimum, but not the maximum sentences that must be imposed for the designated offenses. The general sentencing statutes establish the maximum penalties. We agree with Mr. Quilling that the trial court misperceived his motion as one filed under Florida Rule of Criminal Procedure 3.850. Mr. Quilling’s motion, while lacking merit, was properly filed under rule 3.800 and should not be deemed to be a rule 3.850 motion.
AFFIRMED.
PLEUS, C.J., ORFINGER and TORPY, JJ., concur.
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Quilling v. State, 990 So. 2d 1133 (Fla. 5th DCA 2008)…ng v. State, 907 So. 2d 1179 (Fla. 5th DCA 2005). Mr. Quilling then filed a rule 3.800(a) motion in the trial court in which he argued that his sentence was illegal. The trial court denied the motion, and this court affirmed. See Quilling v. State, 940 So. 2d 548 (Fla. 5th DCA 2006). He subsequently filed a rule 3.850 motion consisting of 379 pages of text and 306 pages of attachments and exhibits in which he set forth nine claims and numerous sub-claims. He later filed an amendment to the motion containing…