ISAAC L. ANDERSON JR.
v.
STATE
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A Rule 3.850 motion to correct sentence is moot when the appellant has already completed serving the sentence.
[1] A Rule 3.850 motion to correct sentence becomes moot when the defendant has completed serving the sentence challenged as invalid.
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Join FLexlaw to unlock all legal intelligenceAnderson filed a Rule 3.850 motion challenging his sentence as invalid. He had admittedly completed serving the sentence by the time of appeal.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ISAAC L. ANDERSON, JR.,
Appellant,
v. Case No. 5D17-4083
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed March 23, 2018
3.850 Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge.
David J. R. Frakt, of Law Office of David Frakt, Orlando, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela
J.
Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the order denying Appellant’s Florida Rule of Criminal Procedure 3.850 motion to “correct sentence.” Appellant has admittedly completed serving what he contends is an invalid sentence, thus rendering the issue before us moot. See Sneed v. State, 749 So. 2d 545, 546 (Fla. 4th DCA 2000) (citing Palmer v. State, 182 So. 2d 625, 626 n.2 (Fla. 4th DCA 1966)).
AFFIRMED.
PALMER, ORFINGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000)
- Freeman v. State, 182 So. 2d 625 (Fla. 4th DCA 1966)