BRITISH D. MOSS
v.
STATE
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Under Florida Rule of Criminal Procedure 3.800(a), the defendant bears the burden of affirmatively identifying those court records which, on their face, demonstrate the existence of an illegal sentence or entitlement to relief.
[1] Under Florida Rule of Criminal Procedure 3.800(a), a defendant bears the burden of affirmatively identifying court records which, on their face, demonstrate the existence…
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Join FLexlaw to unlock all legal intelligenceBritish D. Moss appealed from a trial court decision in Miami-Dade County regarding his claim under Florida Rule of Criminal Procedure 3.800(a).…
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PER CURIAM.
Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (holding that, under Florida Rule of Criminal Procedure 3.800(a), the burden is on the defendant to affirmatively identify those court records which, on their face, demonstrate the existence of an illegal sentence or an entitlement to relief; the State has no burden to establish the defendant is not entitled to relief); Cox v. State, 221 So. 3d 723 (Fla. 3d DCA 2017) (same). See also Burgess v. State, 831 So. 2d 137 (Fla. 2002) (acknowledging that, as a general rule, claims raised in a motion under rule 3.800(a) must be capable of resolution as a matter of law, without an evidentiary determination, and on the face of the existing court records).
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Fabio Nicholas Nugent v. State, 338 So. 3d 459 (Fla. 2d DCA 2022)…ing that sentence of fifty-years' imprisonment with a twenty-five-year mandatory minimum term for second-degree murder, committed when juvenile offender was seventeen years' old, was not the functional equivalent of a life sentence); Moss v. State, 305 So. 3d 730, 731 (Fla. 3d DCA 2020) (affirming postconviction court's order denying juvenile offender's postconviction motion challenging his forty-year sentence for second-degree murder). Mr. Nugent's sentences are not life sentences nor the functional equival…
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Jordan v. State (Fla. 3d DCA 2022)…PER CURIAM. We affirm under the cases holding that a forty-year sentence is not the functional equivalent of a life sentence. Pedroza v. State, 291 So. 3d 541, 549 (Fla. 2020); Moss v. State, 305 So. 3d 730, 731 (Fla. 3d DCA 2020) (holding “a juvenile offender is only entitled to Eighth Amendment relief if he or she is serving a life sentence or the functional equivalent of a life sentence”). Affirmed.…
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Burgess v. State, 831 So. 2d 137 (Fla. 2002)
- Emmett Timothy COX v. State, 221 So. 3d 723 (Fla. 3d DCA 2017)