Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Florida opinions name it 2 courts 1992–2014 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.
| Case | Followed | Cited |
|---|---|---|
Judge v. Stategreen2 sentences2009See Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1992) (“Unlike a motion pursuant to rule 3.850, the [rule 3.800(a) ] motion can be filed without an oath because it is designed to test issues that should not involve significant questions of fact or require a lengthy evidentiary hearing.”). 1996Unlike a motion pursuant to rule 3.850, the motion can be filed without an oath because it is designed to test issues that should not involve significant questions of fact or require a lengthy evidentiary hearing. *173 Judge v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991), rev. denied, 613 So.2d 5 (Fla. 1992). | 4 | 5 |
Raley v. Stategreen1 sentence2004Id. at 172-73 (emphasis added) (quoting Judge v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991), review denied, 613 So.2d 5 (Fla.1992)). [6] Therefore, because a sexual predator designation is not a sentence that imposes a penalty or punishment, rule 3.800(a) is not applicable to correct erroneous sexual predator designations. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Preston v. Gee
green
1 sentence2014It is his ruling on that motion that we examine in this proceeding. 1 After both of these hearings had occurred, this court issued its opinion in Preston v. Gee, 133 So.3d 1218 (Fla. 2d DCA 2014). | 1 | 2014–2014 |
Thomas v. State
green
1 sentence1994Under Rule 3.800, an illegal sentence may be corrected at any time." Recently in Thomas v. State, 634 So.2d 175 (Fla. 1st DCA 1994) we followed the rationale articulated in Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993) and Judge that a rule 3.800 motion "is designed to test issues that should not involve significant questions of fact or require a lengthy evidentiary hearing." We concluded a claim for presentence jail time credit was appropriately raised in a 3.800 motion "when the issue can be determined by the trial court through a review of its records." We also indicated our approval in | 1 | 1994–1994 |
Thomas v. State
green
1 sentence1994Under Rule 3.800, an illegal sentence may be corrected at any time." Recently in Thomas v. State, 634 So.2d 175 (Fla. 1st DCA 1994) we followed the rationale articulated in Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993) and Judge that a rule 3.800 motion "is designed to test issues that should not involve significant questions of fact or require a lengthy evidentiary hearing." We concluded a claim for presentence jail time credit was appropriately raised in a 3.800 motion "when the issue can be determined by the trial court through a review of its records." We also indicated our approval in | 1 | 1994–1994 |
Seaman v. State
green
1 sentence1992After a lengthy evidentiary hearing, the trial court found that the child victim, who was approximately five and one-half years old at the time of the offenses, was unavailable because of "a substantial likelihood of severe emotional or mental harm... ." Id. § 90.803(23)(a)(2)(b). | 1 | 1992–1992 |
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.