Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000). · Go Syfert
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Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000). Cases Citing This Book View Copy Cite
27 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: Carvello v. State (fladistctapp, 2002-06-26)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) Carvello v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
See Honeycutt, 805 So.2d at 987 ; Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000); Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000)(en banc); see also Fla. R.Crim.
cited Cited as authority (rule) Cox v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
See Honeycutt v. State, 805 So.2d 987 (Fla. 4th DCA 2001); Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000).
discussed Cited as authority (rule) Smith v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
See Matthews v. State, 664 So.2d 6 (Fla. 4th DCA 2000); Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000) (concluding appellant should have two years from the issuance of the supreme court's opinion in Heggs in which to file a rule 3.850 motion as the facts on which his claim is predicated could not have been known earlier).
discussed Cited "see" Campbell v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000) (holding that an allegation that the plea was pursuant to a negotiated agreement to receive mid-guidelines sentence as a habitual offender should be raised in rule 3.850 motion).
cited Cited "see" Honeycutt v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000); see also Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc).
cited Cited "see" Latalian v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000).
cited Cited "see" Mutter v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000).
cited Cited "see" Goodwin v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000).
cited Cited "see" Morse v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000); Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000).
cited Cited "see" Murphy v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000).
discussed Cited "see, e.g." Coppola v. State
Fla. · 2006 · signal: see also · confidence medium
The Second and Fourth Districts have determined that individuals should be allowed to file Heggs-based claims within two years of the date of the Heggs decision "because the facts on which the claim is based could not have been known earlier." Murphy, 773 So. 2d at 1175 ; see also Jenkins, 771 So. 2d at 38 (same as Murphy); Carvello v. State, 824 So. 2d 202, 203 (Fla. 4th DCA 2002) (certifying conflict with Regan and Coppola), quashed sub nom.
discussed Cited "see, e.g." Coppola v. State
Fla. · 2006 · signal: see also · confidence medium
The Second and Fourth Districts have determined that individuals should be allowed to file Heggs-based claims within two years of the date of the Heggs decision “because the facts on which the claim is based could not have been known earlier.” Murphy, 773 So.2d at 1175 ; see also Jenkins, 771 So.2d at 38 (same as Murphy); Carvello v. State, 824 So.2d 202, 203 (Fla. 4th DCA 2002) (certifying conflict with Regan and Coppola), quashed sub nom.
cited Cited "see, e.g." Honeycutt v. State
Fla. Dist. Ct. App. · 2005 · signal: see also · confidence low
See also Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000).
discussed Cited "see, e.g." Jones v. State
Fla. Dist. Ct. App. · 2001 · signal: see also · confidence medium
See also Jenkins v. State, 771 So.2d 37, 38 (Fla. 4th DCA 2000) (holding that an allegation that plea was pursuant to negotiated agreement to receive midguidelines sentence as habitual offender *449 should be raised in rule 3.850 motion and opining that movant should have two years from issuance of Heggs in which to file).
Retrieving the full opinion text from the archive…
Dean Allen JENKINS, Appellant,
v.
STATE of Florida, Appellee.
4D00-2138.
District Court of Appeal of Florida, Fourth District.
Sep 27, 2000.
771 So. 2d 37
Per Curiam.
Cited by 21 opinions  |  Published

[*38] Dean Allen Jenkins, Miami, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Debra Rescigno, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Dean Allen Jenkins (Appellant) appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. The state conceded below that his offenses were committed within the window period for raising a challenge to a sentence imposed pursuant to the 1995 sentencing guidelines enacted by chapter 95-184, Laws of Florida, which the supreme court found unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000), see Trapp v. State, 760 So.2d 924 (Fla.2000). The state asserts, however, that Appellant is not entitled to relief because he was sentenced as a habitual violent felony offender. See § 775.084(4)(g), Fla. Stat. (Supp.1996) (providing that a sentence imposed under the habitual offender provisions is not subject to section 921.001, the statute concerning sentencing guidelines). Appellant contends that he is entitled to resentencing, or to be allowed to withdraw his plea, because he alleges that his guilty plea was entered pursuant to a negotiated agreement in which he agreed to receive a mid-guidelines sentence as a habitual offender.

The proper vehicle for raising such a claim is a motion for postconviction relief under rule 3.850. See Lancaster v. State, 764 So.2d 835 (Fla. 5th DCA 2000) (reversing and directing trial court on remand to treat defendant's sworn rule 3.800(a) motion as motion under rule 3.850, and providing that if defendant is able to prove entitlement to mid guidelines sentence, then state must be given opportunity either to go to trial or agree to defendant's resentencing under 1994 scoresheet); see also Spacco v. State, 762 So.2d 597 (Fla. 5th DCA 2000) (reversing order denying rule 3.850 motion and providing, because sentence was result of negotiated plea, that state has option on remand of agreeing to sentence under 1994 guidelines or withdrawing from plea bargain and taking defendant to trial); Parker v. State, 767 So.2d 532 (Fla. 5th DCA 2000) (reversing denial of postconviction motion and instructing trial court on remand to determine from the record whether the plea agreement contemplated the defendant's receiving a guidelines sentence, and if it did to allow state option of taking defendant to trial or agreeing to resentencing); Kleppinger v. State, 760 So.2d 1045 (Fla. 2d DCA 2000) (affirming Anders appeal where plea was entered utilizing 1995 sentencing scoresheet, but noting that defendant might be entitled to challenge voluntary and intelligent nature of his plea by filing rule 3.850 motion).

Appellant's rule 3.800(a) motion was not sworn. Accordingly, we affirm the summary denial of his motion without prejudice to his filing a timely sworn rule 3.850 motion raising the same ground for relief. Appellant should have two years from the issuance of the supreme court's opinion in Heggs in which to do so, as the facts on which his claim is predicated could not have been known earlier. See Fla. R.Crim. P. 3.850(b)(1). But see McMahon v. State, 25 Fla. L. Weekly D1852, ___ So.2d ___, 2000 WL 1062343 (Fla. 2d DCA Aug.4, 2000) (noting that two-year[*39] time limit of rule 3.850 expired during proceeding).

POLEN, KLEIN and TAYLOR, JJ., concur.