DARYLL GOODING
v.
STATE OF FLORIDA
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A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be treated as a petition for writ of habeas corpus and dismissed when the underlying claim lacks merit.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be treated as a petition for writ of habeas corpus in the appellate court's…
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Join FLexlaw to unlock all legal intelligenceDaryll Gooding, proceeding pro se, filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a).…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-4348 _____________________________
DARYLL GOODING,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
March 28, 2019
PER CURIAM.
Petitioner’s “motion to correct illegal sentence 3.800(a)” is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).
ROBERTS, RAY, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
2
Daryll Gooding, pro se, Petitioner.
Ashley B. Moody, Attorney General, Tallahassee, for Respondent.