sentence was imposed violation (Florida) · Go Syfert
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sentence was imposed violation in Florida

11 Florida opinions name it 2 courts 1965–2012 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
North Carolina v. Pearcered
scotus · 1969 · cited in 2 Florida opinions naming this issue, 1978–1983
2 sentences

1983Appellant challenges the sufficiency of the evidence, and argues that the sentence was imposed in violation of North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969).

1983Appellant challenges the sufficiency of the evidence, and argues that the sentence was imposed in violation of North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969).

12
Exposito v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Section 924.07(l)(e), Florida Statutes (2009), unambiguously authorizes the State to appeal from a criminal “sentence, on the ground that it is illegal.” The majority states that “the Court ‘must give the statutory language its plain and ordinary meaning,’ ” majority op. at 472 (quoting Exposito v. State, 891 So.2d 525, 528 (Fla.2004)), but then proceeds to give no consideration to the “plain and ordinary meaning” of the statute.

11
Bedford v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet. [3] See Brown v. State, 664 So.2d 311, 312 (Fla. 1st DCA 1995) (our courts have the authority to treat prisoner petitions as if the proper remedy was sought if it would be in the interest of justice to do so). [4] Justice Anstead, then a district court judge, dissented pointing out that to bar relief under rule 3.800(a) because a sentence has been affirmed on appeal, even though the illegal aspect of the sentence was not challenged, would emasculate "t

11
Brown v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet. [3] See Brown v. State, 664 So.2d 311, 312 (Fla. 1st DCA 1995) (our courts have the authority to treat prisoner petitions as if the proper remedy was sought if it would be in the interest of justice to do so). [4] Justice Anstead, then a district court judge, dissented pointing out that to bar relief under rule 3.800(a) because a sentence has been affirmed on appeal, even though the illegal aspect of the sentence was not challenged, would emasculate "t

11
Sanders v. United Statesgreen
scotus · 1963 · cited in 1 Florida opinions naming this issue, 1980–1980
2 sentences

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

11
Gideon v. Wainwrightgreen
fla · 1963 · cited in 1 Florida opinions naming this issue, 1965–1965
1 sentence

1965See Gideon v. Wainwright, Fla.1963, 153 So.2d 299 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
State v. Whitfield green
fla · 1986
2 sentences

1996A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet. [3] See Brown v. State, 664 So.2d 311, 312 (Fla. 1st DCA 1995) (our courts have the authority to treat prisoner petitions as if the proper remedy was sought if it would be in the interest of justice to do so). [4] Justice Anstead, then a district court judge, dissented pointing out that to bar relief under rule 3.800(a) because a sentence has been affirmed on appeal, even though the illegal aspect of the sentence was not challenged, would emasculate "t

1989This court has previously held that Miller violations may be corrected via Florida Rule of Criminal Procedure 3.800(a) as amended in State v. Whitfield, 487 So.2d 1045 (Fla.1986).

21989–1996
Snead v. State green
fla · 1993
1 sentence

1993Snead v. State, 616 So.2d 964 (Fla.1993).

11993–1993
Miller v. Florida green
scotus · 1987
2 sentences

1989He argues that the sentence was imposed in violation of Miller v. Florida, 482 U.S. 423 , 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987).

1989He argues that the sentence was imposed in violation of Miller v. Florida, 482 U.S. 423 , 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987).

11989–1989
Argersinger v. Hamlin green
· 1972
2 sentences

1985NOTES [1] Fla.R.Crim.P. 3.850 provides, in part, that a prisoner in custody may attack the validity of the judgment or the sentence imposed on grounds "that the sentence was imposed in violation of the Constitution or Laws of the United States, or of the State of Florida, or that the court was without jurisdiction to enter such judgment or to impose such sentence or that the sentence was in excess of the maximum authorized by law, or that his plea was given involuntarily, ..." [2] Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). [3] The Judgment and Sentence form con

1985NOTES [1] Fla.R.Crim.P. 3.850 provides, in part, that a prisoner in custody may attack the validity of the judgment or the sentence imposed on grounds "that the sentence was imposed in violation of the Constitution or Laws of the United States, or of the State of Florida, or that the court was without jurisdiction to enter such judgment or to impose such sentence or that the sentence was in excess of the maximum authorized by law, or that his plea was given involuntarily, ..." [2] Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). [3] The Judgment and Sentence form con

11985–1985
Brown v. Allen green
scotus · 1953
2 sentences

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

11980–1980
Hankerson v. North Carolina green
scotus · 1977
2 sentences

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

11980–1980
MacKey v. United States green
scotus · 1971
2 sentences

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

1980Fla.R.Crim.P. 3.850. [2] See Hankerson v. North Carolina, 432 U.S. 233, 246-48 , 97 S.Ct. 2339, 2347 , 53 L.Ed.2d 306 (1977) (Powell, J., concurring); Mackey v. United States, 401 U.S. 667, 681-92 , 91 S.Ct. 1160, 1174-79 , 28 L.Ed.2d 404 (1971) (Harlan, J., concurring); Sanders v. United States, 373 U.S. 1, 24-25 , 83 S.Ct. 1068, 1081, 1082 , 10 L.Ed.2d 148 (1963) (Harlan, J., dissenting); Brown v. Allen, 344 U.S. 443, 536-48 , 73 S.Ct. 397, 424-430 , 97 L.Ed. 469 (1953) (Jackson, J., concurring).

11980–1980
Weathington v. State green
fladistctapp · 1972
1 sentence

1978See North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969); Hankerson v. State, 326 So.2d 200 (Fla. 4th DCA 1976); Weathington v. State, 262 So.2d 724 (Fla. 3rd DCA 1972).

11978–1978
Hankerson v. State neutral
fladistctapp · 1976
1 sentence

1978See North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969); Hankerson v. State, 326 So.2d 200 (Fla. 4th DCA 1976); Weathington v. State, 262 So.2d 724 (Fla. 3rd DCA 1972).

11978–1978
STATE EX REL. HUNTLEY BROTHERS, INC. v. Gooding neutral
fladistctapp · 1963
1 sentence

1973Huntley Bros., Inc. v. Gooding, Fla.App. 1963, 149 So.2d 55 , for the comparable rule in civil cases.

11973–1973
State v. Evans green
fladistctapp · 1969
1 sentence

1973The rule sets out the grounds upon which post-conviction relief may be granted: "Rule 3.850 Motion to Vacate, Set Aside or Correct Sentence; Hearing; Appeal "A prisoner in custody under Sentence of a court established by the Laws of Florida claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or Laws of the United States, or of the *411 State of Florida, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack,

11973–1973
Tolar v. State green
fladistctapp · 1967
1 sentence

1969Tolar v. State, Fla.App. 1967, 196 So.2d 1 .

11969–1969
Gideon v. Wainwright green
scotus · 1963
2 sentences

1965It permits a prisoner in custody to move to vacate the sentence, “claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or Laws of the United States, or of the State of Florida.” Criminal Procedure Rule No. 1 was promulgated by the Supreme Court of Florida pursuant to the decision of the Supreme Court of the United States in Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963).

1965It permits a prisoner in custody to move to vacate the sentence, “claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or Laws of the United States, or of the State of Florida.” Criminal Procedure Rule No. 1 was promulgated by the Supreme Court of Florida pursuant to the decision of the Supreme Court of the United States in Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963).

11965–1965

Where else courts name it

WI 13 (1972–2003) FL 11 (1965–2012) PA 10 (1985–2021) IL 7 (1999–2014) NM 7 (1967–2025) KS 6 (1975–2022) CO 6 (1986–2024) MT 6 (1994–2012) AR 6 (1972–2020) DC 5 (1974–1999) ND 4 (2016–2025) MS 4 (2010–2025) CA 2 (1986–2013) VT 2 (1969–2013) MD 2 (1974–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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