JESUS ENRIQUE PEREZ,
v.
THE STATE OF FLORIDA,
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A sentence is illegal only if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.
[1] A sentence is illegal under Florida law only if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under an…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A sentence is 'illegal' if it 'imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.'”
The court cited Carter v. State to establish the standard for determining whether a sentence is illegal.
Jesus Enrique Perez appealed the trial court's order denying his motion to correct an illegal sentence in a Miami-Dade County case.…
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Third District Court of Appeal State of Florida
Opinion filed January 26, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-0874 Lower Tribunal No. F05-5530D ________________
Jesus Enrique Perez, 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, William Altfield, Judge.
Jesus Enrique Perez, in proper person.
Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.
Before EMAS, LINDSEY, and GORDO, JJ.
PER CURIAM.
2
Defendant Jesus Enrique Perez appeals the trial court’s order denying his motion to correct an illegal sentence. Finding no reversible error, we affirm. See Carter v. State, 786 So. 2d 1173, 1181 (Fla. 2001) (“[A] sentence is ‘illegal’ if it ‘imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances[.]’” (citation omitted)). Affirmed.