JOEL JULES
v.
THE STATE OF FLORIDA
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A claim of sentencing error under Florida Rule of Criminal Procedure 3.800(a) cannot be adjudicated when the petitioner can establish the claim only by relying on facts not evident on the face of the record.
[1] Under Florida Rule of Criminal Procedure 3.800(a), a sentencing claim that requires facts not evident on the face of the record cannot be adjudicated because no evidentia…
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Join FLexlaw to unlock all legal intelligence“Since 'no evidentiary hearing is allowed' under [Florida Rule of Criminal Procedure] 3.800(a), a claim of error that the petitioner can establish only by relying on facts that are not evident on the face of the record is a claim that cannot be adjudicated under that rule provision.”
Court's explanation of the standard for adjudicating sentencing claims under Rule 3.800(a)
Joel Jules appealed a sentencing decision from the Circuit Court for Miami-Dade County. The appeal involved a challenge to the trial court's sentencin…
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Third District Court of Appeal State of Florida
Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0605 Lower Tribunal No. F07-913 ________________
Joel Jules, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge.
Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.
Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Johnson v. State, 60 So. 3d 1045, 1050 (Fla. 2011) (“Since ‘no evidentiary hearing is allowed’ under [Florida Rule of Criminal
2 Procedure] 3.800(a), a claim of error that the petitioner can establish only by relying on facts that are not evident on the face of the record is a claim that cannot be adjudicated under that rule provision.” (quoting Brooks v. State, 969 So. 2d 238, 242 (Fla. 2007))); Martinez v. State, 298 So. 3d 1196, 1200 (Fla. 3d DCA 2020) (modification of a sentence after it has begun to be served does not violate double jeopardy where the defendant agreed to the modification).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Brooks v. State, 969 So. 2d 238 (Fla. 2007)