HELEN K. TIDWELL
v.
STATE OF FLORIDA
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A defendant may file a successive rule 3.800(a) motion challenging a sentence under Heggs v. State without regard to time limitations, and such motion shall not be considered successive if allowing prior rulings to stand would result in the defendant serving a sentence exceeding what could have been legally imposed.
[1] A motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a) is not subject to time limitations and may be filed successively if the trial court's…
[2] Successive rule 3.800(a) motions are not barred by the doctrines of law of the case or collateral estoppel when applying those doctrines would result in a defendant servi…
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Join FLexlaw to unlock all legal intelligence“the doctrines of law of the case and collateral estoppel will not apply to preclude consideration of a successive rule 3.800(a) motion when doing so would result in a defendant serving a sentence that exceeds the sentence that could have been legally imposed”
Court explaining why successive 3.800(a) motions must be considered despite prior rulings
Helen K. Tidwell appealed from a circuit court ruling in a criminal case (CF98-000732-XX) from Polk County. The case involved sentencing issues potent…
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VILLANTI, Judge.
Notwithstanding any earlier rulings of this court to the contrary as to case
CF98-000732-XX, we affirm without prejudice to Helen Tidwell's filing in the circuit court,
if she can do so in good faith, a facially sufficient motion seeking relief pursuant to
Florida Rule of Criminal Procedure 3.800(a) and Heggs v. State, 759 So. 2d 620 (Fla.
2000). See Lopez v. State, 890 So. 2d 534, 534 (Fla. 1st DCA 2005) ("A Heggs claim is cognizable in a rule 3.800(a) motion so long as the error is apparent on the face of the record. Because a rule 3.800(a) motion is not constrained by time limits, the trial court erroneously denied his claim as untimely." (citation omitted)); see also Heggs, 759 So. 2d at 627 ("[I]f a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under our decision here."). The circuit court shall not consider such a motion successive. See, e.g., Huffman v. State, 192 So. 3d 687, 690-91 (Fla. 2d DCA
2016) (noting that "the doctrines of law of the case and collateral estoppel will not apply to preclude consideration of a successive rule 3.800(a) motion when doing so would result in a defendant serving a sentence that exceeds the sentence that could have been legally imposed").
Affirmed.
SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Lopez v. State, 890 So. 2d 534 (Fla. 1st DCA 2005)
- Huffman v. State, 192 So. 3d 687 (Fla. 2d DCA 2016)