JUNITA SAWYER
v.
STATE OF FLORIDA
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Rule 3.800(b) provides an alternative method of preserving alleged sentencing errors for review on direct appeal but is designed for use only in direct appeal from the sentence at issue.
[1] Rule 3.800(b) provides an alternative method of preserving alleged sentencing errors for review on direct appeal and was designed for use only during direct appeal from t…
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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'”
Court citing Cooper v. State to explain the limited scope of Rule 3.800(b)
Junita Sawyer appealed an order from the Circuit Court for Broward County denying her Rule 3.800(b) motion to correct 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.
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- Uvanni v. Dott G.C. Gallenga, M.D., 619 So. 2d 31 (Fla. 3d DCA 1993)
- Blair v. State, 948 So. 2d 1045 (Fla. 2d DCA 2007)