ANGEL RECIO
v.
THE STATE OF FLORIDA
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A claim that the trial court improperly departed from sentencing guidelines cannot be brought under Florida Rule of Criminal Procedure 3.800(a) if the departure sentence is within the legal maximum, and sentencing guidelines are inapplicable when there is a plea agreement on the conviction and sentence length.
[1] A departure from sentencing guidelines does not constitute an illegal sentence subject to challenge under Florida Rule of Criminal Procedure 3.800(a) when the imposed sen…
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Join FLexlaw to unlock all legal intelligence“A claim that the trial court improperly departed from the recommended sentencing guidelines may not be brought pursuant to Florida Rule of Criminal Procedure 3.800(a) if the departure sentence is within the legal maximum because it does not constitute an illegal sentence.”
Citation to Corria v. State, 932 So. 2d 530, 532 (Fla. 3d DCA 2006)
Angel Recio appealed his sentence imposed by the trial court in Miami-Dade County, challenging the court's departure from the recommended sentencing g…
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Third District Court of Appeal State of Florida
Opinion filed May 28, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2201 Lower Tribunal Nos. F97-2776, F98-9986, F00-3913B ________________
Angel Recio, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge.
Coral Way Law Center, and Miguel San Pedro, for appellant.
James Uthmeier, Attorney General, and Daniel Colmenares, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. See Corria v. State, 932 So. 2d 530, 532 (Fla. 3d DCA 2006) (“A claim that the trial court improperly departed from the recommended
2 sentencing guidelines may not be brought pursuant to Florida Rule of Criminal Procedure 3.800(a) if the departure sentence is within the legal maximum because it does not constitute an illegal sentence.”); State v. Huerta, 38 So. 3d 883, 885 (Fla. 3d DCA 2010) (“[W]here there is a plea agreement on the conviction and length of sentence to be imposed, . . . the sentencing guidelines are not applicable.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Pompeyo F. Huerta, 38 So. 3d 883 (Fla. 3d DCA 2010)
- Corria v. State, 932 So. 2d 530 (Fla. 3d DCA 2006)