JUNITA SAWYER
v.
STATE OF FLORIDA
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Rule 3.800(b) motions provide only an alternative method for preserving alleged sentencing errors for review in a direct appeal and cannot be used to correct sentencing errors outside that context.
[1] Rule 3.800(b) motions to correct sentencing errors are available only as an alternative method to preserve alleged sentencing errors for review in a pending direct appeal…
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Join FLexlaw to unlock all legal intelligence“rule 3.800(b) provides only 'an alternative method of preserving for review an alleged sentencing error' and 'was designed for use only in a direct appeal from the sentence at issue'”
Reasoning from Cooper v. State regarding the limited scope of Rule 3.800(b)
Junita Sawyer filed a Rule 3.800(b) motion in the trial court seeking to correct an alleged sentencing error.…
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PER CURIAM.
Affirmed. See Cooper v. State, 919 So. 2d 516, 519 (Fla. 1st DCA 2005) (observing that rule 3.800(b) provides only “an alternative method of preserving for review an alleged sentencing error” and “was designed for use only in a direct appeal from the sentence at issue”); see also Fla. R. Crim. P. 3.800(b)(2) (“If an appeal is pending, a defendant . . . may file in the trial court a motion to correct a sentencing error.” (emphasis added)). KLINGENSMITH, C.J., GERBER and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.