ANDREW MARSHALL A/K/A HENRY FOUNTAIN,
v.
THE STATE OF FLORIDA,
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A successive motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800 must be denied.
[1] A successive motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800 is not cognizable and must be denied.
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Join FLexlaw to unlock all legal intelligenceAndrew Marshall, also known as Henry Fountain, filed a motion to correct an illegal sentence in a criminal case from Miami-Dade County. The trial cour…
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Third District Court of Appeal State of Florida
Opinion filed December 15, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2067 Lower Tribunal No. F91-29266 ________________
Andrew Marshall a/k/a Henry Fountain, 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, Carmen Cabarga, Judge.
Andrew Marshall, a/k/a Henry Fountain, in proper person.
Ashley Moody, Attorney General, for appellee.
Before LOGUE, LINDSEY, and LOBREE, JJ.
PER CURIAM.
2
Andrew James Marshall a/k/a/ Henry Fountain appeal’s the lower court’s denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. Because his motion is successive, we affirm. Marshall v. State, 235 So. 3d 879 (Fla. 3d DCA 2017); Marshall v. State, 224 So. 3d 229 (Fla. 3d DCA 2017).
Affirmed.
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Citator
Authorities Cited
- M.L. v. State, 224 So. 3d 229 (Fla. 3d DCA 2017)
- Marshall v. State, 235 So. 3d 879 (Fla. 3d DCA 2017)