illegal sentence rule in Florida

2026P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief. . . .”); Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st DCA 2001) (“To raise an illegal sentence claim under Rule 3.800(a), 1) the error must have resulted in an illegal sentence, 2) the error must appear on the face of the record, and 3) the motion must affirmatively allege that the court records demonstrate on their face an entitle

2016See Plott v. State, 148 So.3d 90, 94 (Fla. 2014) (“[A] sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal.’ ” (quoting State v. Mancino, 714 So.2d 429, 433 (Fla. 1998))); King v. State, 86 So.3d 1247, 1248 (Fla. 2d DCA 2012) (“The discrepancy between the oral pronouncement and written sentence is a valid basis for an illegal sentence claim under rule 3.800(a).”); Blocker v. State, 968 So.2d 686, 691 (Fla. 2d DCA 2007) (“It has long been the law that the oral pronouncement of sentence controls over a written sentence.”).

2026P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief. . . .”); Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st DCA 2001) (“To raise an illegal sentence claim under Rule 3.800(a), 1) the error must have resulted in an illegal sentence, 2) the error must appear on the face of the record, and 3) the motion must affirmatively allege that the court records demonstrate on their face an entitle

2025P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief . . . .”); Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st DCA 2001) (quotations and alterations omitted) (“To raise an illegal sentence claim under Rule 3.800(a), 1) the error must have resulted in an illegal sentence, 2) the error must appear on the face of the record, and 3) the motion must affirmatively allege that the court record

2026P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief. . . .”); Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st DCA 2001) (“To raise an illegal sentence claim under Rule 3.800(a), 1) the error must have resulted in an illegal sentence, 2) the error must appear on the face of the record, and 3) the motion must affirmatively allege that the court records demonstrate on their face an entitle

2025P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief . . . .”); Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st DCA 2001) (quotations and alterations omitted) (“To raise an illegal sentence claim under Rule 3.800(a), 1) the error must have resulted in an illegal sentence, 2) the error must appear on the face of the record, and 3) the motion must affirmatively allege that the court record

2016See Plott v. State, 148 So.3d 90, 94 (Fla. 2014) (“[A] sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal.’ ” (quoting State v. Mancino, 714 So.2d 429, 433 (Fla. 1998))); King v. State, 86 So.3d 1247, 1248 (Fla. 2d DCA 2012) (“The discrepancy between the oral pronouncement and written sentence is a valid basis for an illegal sentence claim under rule 3.800(a).”); Blocker v. State, 968 So.2d 686, 691 (Fla. 2d DCA 2007) (“It has long been the law that the oral pronouncement of sentence controls over a written sentence.”).

2008The Florida Supreme Court held in State v. Mancino, 714 So.2d 429 (Fla.1998), that a failure to grant proper credit for time served in county jail before sentencing constitutes an illegal sentence for rule 3.800(a) purposes if the entitlement can be discerned from the face of the record.

2015One of the errors noted by the Florida Supreme Court involves instances where “the trial court improperly assessed costs.” Id. at 572 (citing Maddox, 760 So.2d at 101-09 ).

2003In Maddox v. State, 760 So.2d 89, 103 (Fla.2000), we reaffirmed our precedent "allowing defendants to agree through a plea bargain to a sentence not specifically authorized by statute or rule as long as the sentence does not exceed the statutory maximum." Cases in which we held that an unauthorized habitual offender sentence for a life felony could be rectified via rule 3.800(a) involved sentences imposed after trial and not as the result of a guilty or no contest plea.

2010See Sepulveda v. State, 909 So.2d 568, 571 (Fla. 2d DCA 2005) (“Sepulveda’s allegations that he was convicted and sentenced based on a violation of probation when the term of his probation had expired state a facially sufficient claim of an illegal sentence under rule 3.800(a).”); Slingbaum v. State, 751 So.2d 89, 89-90 (Fla. 2d DCA 1999) (holding that “where it can be determined without an evidentiary hearing that a sentence has been imposed by a court without jurisdiction, that sentence is illegal, whatever its length”).

2005Sepulveda's allegations that he was convicted and sentenced based on a violation of probation when the term of his probation had expired state a facially sufficient claim of an illegal sentence under rule 3.800(a). [1] Slingbaum, 751 So.2d at 89 .

2025See Johnson v. State, 9 So. 3d 640 , 640–41 (Fla. 4th DCA 2009) (recognizing a trial court’s misunderstanding that a life sentence was permissible, not mandatory, did not result in an illegal sentence under rule 3.800(a) because the life sentence was technically legal).

2019As support for that holding, we quoted our decision in Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991), for the proposition that a motion to correct an illegal sentence under rule 3.800(a) "is not . . . designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process."1 985 So. 2d at 64 .

2019See, e.g., Delon v. State, 268 So. 3d 945, 946 (Fla. 1st DCA 2019) (reversing the summary denial of a Lewars-based claim brought pursuant to rule 3.850); Gray v. State, 268 So. 3d 173, 173 (Fla. 4th DCA 2019); Smith v. State, 151 So. 3d 44, 45 (Fla. 1st DCA 2014) (treating a claim related to the applicability of a PRR designation as one of illegal sentence under rule 3.800(a) and denying relief because it was refuted by the record).

2019See, e.g., Delon v. State, 268 So. 3d 945, 946 (Fla. 1st DCA 2019) (reversing the summary denial of a Lewars-based claim brought pursuant to rule 3.850); Gray v. State, 268 So. 3d 173, 173 (Fla. 4th DCA 2019); Smith v. State, 151 So. 3d 44, 45 (Fla. 1st DCA 2014) (treating a claim related to the applicability of a PRR designation as one of illegal sentence under rule 3.800(a) and denying relief because it was refuted by the record).

2019See, e.g., Delon v. State, 268 So. 3d 945, 946 (Fla. 1st DCA 2019) (reversing the summary denial of a Lewars-based claim brought pursuant to rule 3.850); Gray v. State, 268 So. 3d 173, 173 (Fla. 4th DCA 2019); Smith v. State, 151 So. 3d 44, 45 (Fla. 1st DCA 2014) (treating a claim related to the applicability of a PRR designation as one of illegal sentence under rule 3.800(a) and denying relief because it was refuted by the record).

2016See Plott v. State, 148 So.3d 90, 94 (Fla. 2014) (“[A] sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal.’ ” (quoting State v. Mancino, 714 So.2d 429, 433 (Fla. 1998))); King v. State, 86 So.3d 1247, 1248 (Fla. 2d DCA 2012) (“The discrepancy between the oral pronouncement and written sentence is a valid basis for an illegal sentence claim under rule 3.800(a).”); Blocker v. State, 968 So.2d 686, 691 (Fla. 2d DCA 2007) (“It has long been the law that the oral pronouncement of sentence controls over a written sentence.”).

2016See Plott v. State, 148 So.3d 90, 94 (Fla. 2014) (“[A] sentence that patently fails to comport with statutory or constitutional limitations is by definition ‘illegal.’ ” (quoting State v. Mancino, 714 So.2d 429, 433 (Fla. 1998))); King v. State, 86 So.3d 1247, 1248 (Fla. 2d DCA 2012) (“The discrepancy between the oral pronouncement and written sentence is a valid basis for an illegal sentence claim under rule 3.800(a).”); Blocker v. State, 968 So.2d 686, 691 (Fla. 2d DCA 2007) (“It has long been the law that the oral pronouncement of sentence controls over a written sentence.”).

2016Wilson v. State, 76 So.3d 332, 335 (Fla. 2d DCA 2011).

2012Williams v. State, 957 So.2d 600, 605 (Fla.2007).

2010See, e.g., Anderson v. State, 941 So.2d 446 (Fla. 4th DCA 2006) (holding that the imposition of drug offender probation for sale of cocaine constituted an illegal sentence under rule 3.800(a)).

2010See Sepulveda v. State, 909 So.2d 568, 571 (Fla. 2d DCA 2005) (“Sepulveda’s allegations that he was convicted and sentenced based on a violation of probation when the term of his probation had expired state a facially sufficient claim of an illegal sentence under rule 3.800(a).”); Slingbaum v. State, 751 So.2d 89, 89-90 (Fla. 2d DCA 1999) (holding that “where it can be determined without an evidentiary hearing that a sentence has been imposed by a court without jurisdiction, that sentence is illegal, whatever its length”).

2008See Weeks v. State, 696 So.2d 1319 (Fla. 1st DCA 1997).

2007See Nedd v. State, 855 So.2d 664 (Fla. 2d DCA 2003).

2004As this court did in Gill v. State, 829 So.2d 299, 300 (Fla. 2d DCA 2002), we reverse the trial court's order with instructions to treat the illegal sentence claim as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a).

2004Although the rule expressly states that a motion to correct an illegal sentence under rule 3.800(a) may not be filed during the time allowed for the filing of a rule 3.800(b) motion, the supreme court, in Brannon v. State, 850 So.2d 452, 453 (Fla.2003), recognized that the application of fundamental error arising out of the facial unconstitutionality of a sentencing statute, as here, can be utilized to circumvent the 3.800(b) process by considering the illegal sentence on appeal.