STATE OF FLORIDA, APPELLANT,
v.
KIPP KARSON KELLY, APPELLEE
The State appeals the dismissal of an information filed against Kipp Karson Kelly charging him with possession of a controlled substance. The trial court dismissed the information based on its finding that section . 893.13, Florida Statutes (2011), was unconstitutional pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir.2012). Because the Florida Supreme Court upheld the constitutionality of section 893.13 in State v. Adkins, 96 So.3d 412 (Fla.2012), we reverse the order of dismissal and remand with instructions that the trial court reinstate the charges against Mr. Kelly.
WHATLEY and CRENSHAW, JJ., Concur.
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Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013)…as part of a negotiated plea agreement....”) But while Haynes sought relief under rule 3.800(a) to obtain correction of his sentence, he was actually challenging the terms of his plea agreement and the resulting convictions. See Dominguez v. State, 98 So. 3d 198, 200 (Fla. 2d DCA 2012); Nedd v. State, 855 So. 2d 664, 664 (Fla. 2d DCA 2003). As the sentence was the product of a negotiated plea, the remedy is not to correct the illegal sentence, but rather a motion under Rule of Criminal Procedure 3.850 to se…
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Holmes v. State, 100 So. 3d 281 (Fla. 3d DCA 2012)…original plea he negotiated and entered into in 1998.4 A motion which seeks, as its remedy, the withdrawal of a negotiated plea is not cognizable under Rule 3.800 but must be brought in a timely manner pursuant to Rule 3.850. See Dominguez v. State, 98 So. 3d 198 (Fla. 2d DCA 2012). Appellant’s motion cannot be treated as one seeking relief under Rule 3.850, as it is time barred and fails to allege a factual or legal basis to support a motion seeking to withdraw a plea. The trial court correctly denied Appe…
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Parks v. State, 223 So. 3d 380 (Fla. 2d DCA 2017)…plea. See McDuffie v. State, 946 So. 2d 99, 100 (Fla. 2d DCA 2006) (“A trial court cannot impose an illegal sentence even pursuant to a plea bargain.” (quoting Ferguson v. State, 804 So. 2d 411, 412 (Fla. 4th DCA 2001))). Citing Dominguez v. State, 98 So. 3d 198, 200 (Fla. 2d DCA 2012), and Nedd v. State, 855 So. 2d 664, 665 (Fla. 2d DCA 2003), the postconviction court found that Parks’ motion was more properly considered under rule 3.850 because Parks had to first move to withdraw his plea. The court then…
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- State v. Adkins, 96 So. 3d 412 (Fla. 2012)
- Mackle Vincent Shelton v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla., 691 F.3d 1348 (11th Cir. 2012)