8 Florida opinions name it 1 courts 2000–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Bover v. Stategreen2 sentences2021On appeal, the State concedes the trial court erred in treating the facially sufficient motion as successive under rule 3.850. 2 See Bover v. State, 797 So. 2d 1246, 1251 (Fla. 2001) (“[T]he adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”). 2011See Bover v. State, 797 So.2d 1246, 1251 (Fla.2001) (“[W]e conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”); Molfetto v. State, 874 So.2d 668, 669 (Fla. 2d DCA 2004) (applying this principle to VCC sentencing). | 4 | 4 |
State v. Chaplingreen1 sentence2016See Whitfield, 487 So.2d at 1047 (holding that a contemporaneous objection was not required to preserve review of an illegal sentence and amending rule 3.800(a) to provide that “[a] court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet”); Chaplin, 490 So.2d at 53 (noting that the amendment to rule 3.800(a) announced in Whitfield was dispositive of that case, “as it allows the trial court to correct, at any time, an incorrect calculation of a sentencing guidelines score sheet”); see also Merchant v. State, 50 | 1 | 1 |
Merchant v. Stategreen1 sentence2016See Whitfield, 487 So.2d at 1047 (holding that a contemporaneous objection was not required to preserve review of an illegal sentence and amending rule 3.800(a) to provide that “[a] court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet”); Chaplin, 490 So.2d at 53 (noting that the amendment to rule 3.800(a) announced in Whitfield was dispositive of that case, “as it allows the trial court to correct, at any time, an incorrect calculation of a sentencing guidelines score sheet”); see also Merchant v. State, 50 | 1 | 1 |
State v. Whitfieldgreen1 sentence2016See Whitfield, 487 So.2d at 1047 (holding that a contemporaneous objection was not required to preserve review of an illegal sentence and amending rule 3.800(a) to provide that “[a] court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet”); Chaplin, 490 So.2d at 53 (noting that the amendment to rule 3.800(a) announced in Whitfield was dispositive of that case, “as it allows the trial court to correct, at any time, an incorrect calculation of a sentencing guidelines score sheet”); see also Merchant v. State, 50 | 1 | 1 |
Gaskins v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Dupree v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Rodriguez v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Huff v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Vause v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Whitchard v. Stategreen1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 1 |
Molfetto v. Stategreen1 sentence2011See Bover v. State, 797 So.2d 1246, 1251 (Fla.2001) (“[W]e conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”); Molfetto v. State, 874 So.2d 668, 669 (Fla. 2d DCA 2004) (applying this principle to VCC sentencing). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lee v. State
green
1 sentence2019Therefore, we conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”) 2 refute Bruce’s claim.2 See, e.g., McIntyre v. State, 844 So. 2d 679 (Fla. 4th DCA 2003); Standford v. State, 754 So. 2d 62 (Fla. 2d DCA 2000); Lee v. State, 731 So. 2d 71 (Fla. 2d DCA 1999). | 1 | 2019–2019 |
Standford v. State
neutral
1 sentence2019Therefore, we conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”) 2 refute Bruce’s claim.2 See, e.g., McIntyre v. State, 844 So. 2d 679 (Fla. 4th DCA 2003); Standford v. State, 754 So. 2d 62 (Fla. 2d DCA 2000); Lee v. State, 731 So. 2d 71 (Fla. 2d DCA 1999). | 1 | 2019–2019 |
McIntyre v. State
green
1 sentence2019Therefore, we conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”) 2 refute Bruce’s claim.2 See, e.g., McIntyre v. State, 844 So. 2d 679 (Fla. 4th DCA 2003); Standford v. State, 754 So. 2d 62 (Fla. 2d DCA 2000); Lee v. State, 731 So. 2d 71 (Fla. 2d DCA 1999). | 1 | 2019–2019 |
State v. Powell
green
1 sentence2012See Vause v. State, 803 So.2d 799, 800 (Fla. 1st DCA 2002) (affirming the denial of the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So.2d 968, 971-72 (Fla. 1st DCA 1998) *179 (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) (“[Although his ori | 1 | 2012–2012 |
Heggs v. State
green
1 sentence2000He claims that his sentence was rendered pursuant to the 1995 amendment to the sentencing guidelines, declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000). | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.