KENNETH HAMILTON
v.
THE STATE OF FLORIDA
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A defendant who has already served his sentence and reaped the benefit of an illegal sentence is estopped from challenging the sentence, especially in the context of a negotiated plea.
[1] A defendant who has already served his sentence and benefited from an illegal sentence is estopped from challenging that sentence on appeal, particularly in the context o…
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Join FLexlaw to unlock all legal intelligence“Where a defendant has already served his sentence and he has reaped the benefit of an illegal sentence, he is estopped from challenging the sentence, especially in the context of a negotiated plea.”
The court cited State v. Ortiz, 79 So. 3d 177, 178 (Fla. 3d DCA 2012) as the basis for affirming the trial court's decision.
Kenneth Hamilton appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved a challenge to a sentence that Hamilton had alr…
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Third District Court of Appeal State of Florida
Opinion filed June 5, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1878 Lower Tribunal No. F08-23257 ________________
Kenneth Hamilton, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
Clayton R. Kaeiser, for appellant.
Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.
Before SCALES, GORDO and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See State v. Ortiz, 79 So. 3d 177, 178 (Fla. 3d DCA 2012) (“Where a defendant has already served his sentence and he has reaped the benefit of an illegal sentence, he is estopped from challenging the sentence, especially in the context of a negotiated plea.”).